H-1B Dismissed — Education (2015): 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 maximum. The petitioner failed to demonstrate that 365 days had elapsed since the filing of the labor certification (ETA Form 9089), which is a key requirement for an AC21 extension. The petitioner's argument to use the recruitment start date instead of the official filing date was rejected by the AAO.

Criteria Discussed

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