Dismissed
H-1B
H-1B Dismissed — Retail Management: the petitioner was not eligible for an H-1B extension
Decision Summary
The appeal was dismissed because the petitioner was not eligible for an H-1B extension beyond the six-year limit under AC21. This extension requires that a final decision has not been made on the beneficiary's related immigrant petition (I-140). The AAO found that the appeal of the I-140 denial had already been dismissed, which constituted a final decision, thus making the beneficiary ineligible for the extension.
Criteria Discussed
H-1B Extension Beyond 6-Year Limit American Competitiveness In The Twenty-First Century Act (Ac21) Finality Of A Decision On An I-140 Petition Eligibility For Status Extension Pending An Employment-Based Immigrant Petition
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