H-1B Dismissed — Computer Science (2015): the beneficiary was not eligible for an H-1B extension of

Decision Summary

The appeal was dismissed because the beneficiary was not eligible for an H-1B extension of stay under the American Competitiveness in the Twenty-First Century Act (AC21). The AAO concluded that AC21 provisions for extensions beyond the six-year limit apply only to individuals who are already in H-1B status. Since the beneficiary had never held H-1B status and was seeking a change of status from L-1A, he could not be granted an 'extension' of H-1B status.

Criteria Discussed

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