H-1B Dismissed — Computer Science (2007): the beneficiary had reached the six-year limit on H-1B

Decision Summary

The appeal was dismissed because the beneficiary had reached the six-year limit on H-1B status and was not eligible for an extension under the American Competitiveness in the Twenty-First Century Act (AC21). Eligibility for an AC21 extension required a pending labor certification or immigrant petition for at least 365 days, but the beneficiary's underlying Form I-140 petition had been denied and the subsequent appeal was also dismissed.

Criteria Discussed

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