H-1B Dismissed — Finance (2006): 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 limit under the American Competitiveness in the 21st Century Act (AC21). The beneficiary's labor certification application had not been pending for the required 365 days by the start date of the requested extension period. The AAO also addressed and dismissed the argument for recapturing 91 days spent outside the United States.

Criteria Discussed

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