Dismissed
H-1B
H-1B Dismissed — Computer Systems Analysis (2022): the petition to extend the beneficiary's H-1B status was
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
Timely Filing Of Petition Extension Extension Of Stay Vs. Petition Extension Jurisdiction Of Aao Labor Condition Application (Lca)
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