H-1B Dismissed — Mechanical Engineering (2005): 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 period. The petitioner failed to establish that 365 days had passed since the filing of a qualifying labor certification or I-140 petition, as required under the AC21 Act. The beneficiary's only I-140 petition on record had been denied, and a new labor certification was filed only five days before the current H-1B petition, thus not meeting the 365-day requirement.

Criteria Discussed

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