Dismissed
H-1B
H-1B Dismissed — Hotel Management (2015): did not establish the beneficiary's eligibility for an H-1B
Decision Summary
The appeal was dismissed because the petitioner failed to establish the beneficiary's eligibility for an H-1B extension beyond the six-year maximum. The beneficiary did not qualify under the AC21 provisions because their initial immigrant petition (Form I-140) was denied prior to filing the extension, and a subsequent I-140 had not been pending for the required 365 days.
Criteria Discussed
Ina § 214(G)(4) (H-1B 6-Year Limit) Ac21 § 106(A) (Extension Based On Lengthy Adjudication) Ac21 § 104(C) (Extension Based On Per-Country Limits)
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