Dismissed
H-1B
H-1B Dismissed — Education (2005): the beneficiary was not in valid H-1B status at the time
Decision Summary
The appeal was dismissed because the beneficiary was not in valid H-1B status at the time the petition was filed, as their authorized six-year stay had expired. Additionally, the petitioner failed to establish eligibility for an AC21 extension, as the beneficiary's related I-140 immigrant petition had not been pending for the required 365 days.
Criteria Discussed
Ac21 Extension Eligibility 365-Day Pending I-140/Labor Certification Maintenance Of Status Timely Filing Of Extension
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