dismissed
H-1B
dismissed H-1B Case: Education
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
H-1B Six-Year Limit Ac21 Extension (365-Day Rule) Ac21 Extension (Per-Country Limits)
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