dismissed H-1B Case: Computer Systems Analysis
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Decision Summary
The appeal was dismissed because the petition to extend the beneficiary's H-1B status was filed long after the original petition had expired. Per regulations (8 C.F.R. § 214.2(h)(14)), a request for a petition extension may only be filed if the validity of the original petition has not expired. The AAO found no discretionary basis to approve a late-filed petition extension and noted it lacked jurisdiction over the separate issue of the beneficiary's extension of stay.
Criteria Discussed
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