dismissed
H-1B
dismissed H-1B Case: Fashion
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the beneficiary was eligible for an H-1B extension beyond the six-year maximum period. The petitioner claimed eligibility under the AC21 Act, which requires a labor certification to have been pending for at least 365 days. The AAO found that the labor certification was filed less than 365 days before the beneficiary's six-year limit expired, thus making him ineligible for the extension.
Criteria Discussed
H-1B Six-Year Limit (Ina 214(G)(4)) Ac21 Extension Beyond Six Years 365-Day Rule For Pending Labor Certification
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