Dismissed
H-1B
H-1B Dismissed — Education (2004): the beneficiary was not in valid H-1B status when the
Decision Summary
The appeal was dismissed because the beneficiary was not in valid H-1B status when the extension petition was filed, as the six-year maximum had already expired. Additionally, the beneficiary was not eligible for an extension under AC21 because the related I-140 immigrant petition had not been pending for the requisite 365 days at the time of filing.
Criteria Discussed
Ac21 Extension Beyond 6-Year Limit Pending Labor Certification Or I-140 For 365+ Days Maintenance Of Valid Status For Extension
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