dismissed
H-1B
dismissed H-1B Case: Education
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Decision Summary
The appeal was dismissed because the petitioner failed to establish the beneficiary's eligibility for an H-1B extension beyond the six-year limit. The petitioner filed for the extension only 79 days after filing the required labor certification, which did not meet the 365-day pending requirement for an extension under section 106(a) of AC21. The petitioner also did not establish eligibility under the alternative provision of AC21.
Criteria Discussed
H-1B Six-Year Limit (Ina 214(G)(4)) H-1B Extension Under Ac21 Section 106(A) H-1B Extension Under Ac21 Section 104(C)
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