Dismissed
H-1B
H-1B Dismissed — Computer Systems (2023): the petitioner requested an H-1B extension beyond the
Decision Summary
The appeal was dismissed because the petitioner requested an H-1B extension beyond the beneficiary's six-year maximum. The beneficiary was not eligible for an exemption at the time the petition was filed, as the required labor certification and I-140 petition were submitted more than a year after the H-1B petition was filed, and eligibility must be established at the time of filing.
Criteria Discussed
Six-Year Limitation On H-1B Stay Exemption For Lengthy Adjudication Exemption For Per-Country Limitations Recapture Of Time Eligibility At Time Of Filing Equitable Estoppel
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