H-1B Dismissed — Dentistry (2016): the beneficiary was not eligible for an H-1B extension

Decision Summary

The appeal was dismissed because the beneficiary was not eligible for an H-1B extension beyond the six-year limit under the AC21 provisions. The law allows for such extensions only until a final decision is made on the beneficiary's permanent residence application. Since the beneficiary's Form I-485 adjustment of status applications had already been denied, she no longer qualified for the exemption.

Criteria Discussed

Sign up free to download the original PDF