H-1B Dismissed — Education (2016): the beneficiary did not qualify for an H-1B extension

Decision Summary

The appeal was dismissed because the beneficiary did not qualify for an H-1B extension beyond the six-year limit. The petitioner filed the extension petition less than 365 days after filing the required labor certification application, failing to meet the eligibility requirements under section 106(a) of AC21. The petitioner's argument to use the recruitment start date as the filing date was rejected as having no legal basis.

Criteria Discussed

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