dismissed H-1B Case: Software Development

U.S. Citizenship 
and Immigration 
Services 
In Re: 13764587 
Appeal of California Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : FEB. 11, 2021 
The Petitioner, a housing software application developer, seeks to temporarily employ the Beneficiary 
as a "VP, Strategic Finance" under the H-1B nonimmigrant classification for specialty occupations. See 
Immigration and Nationality Act (the Act) section 10l(a)(15)(H)(i)(b), 8 U.S.C . § l 10l(a)(l5)(H)(i)(b). 
The H-1B program allows a U.S. employer to temporarily employ a qualified foreign worker in a 
position that requires both: (a) the theoretical and practical application of a body of highly specialized 
knowledge; and (b) the attainment of a bachelor's or higher degree in the specific specialty ( or its 
equivalent) as a minimum prerequisite for entry into the position. 
The Director of the California Service Center approved the petition for a nonirnmigrant worker but denied 
the Beneficiary's request for an extension of her H-IB status, fmding that the Beneficiary had failed to 
properly maintain her H-lB nonimmigrant status . The matter is now before us on appeal. The appeal 
will be rejected. 
The Form 1-129 consists of separate benefit requests. 1 As it pertains to the matter at hand, the two benefit 
requests are: (1) the petition to classify the employment offer as appropriate for the H-lB category (the 
basis for classification); and (2) an application for the procedural benefit relevant to the Beneficiary's 
1 These functions previously required two to three separate filings depending upon whether a change of status was being 
requested: one by the petitioner (Form I-129H) and the others by the beneficiary (Fonns I-506 and I-539) . For example, 
the regulations on January 1, 1991 provided that a petitioner "shall file a petition in duplicate on Form I-129H with the 
service center which has jurisdiction over I- l 29H petitions in the area where the alien will perform services or receive 
training or as further prescribed in this section ." 8 C.F.R. § 214.2(h)(2)(i)(A) (1991 ). Further, the 1991 regulations required 
applications for a change of status or visa classification to be submitted by the nonimmigrant alien on Form I-506, 
Applicant for Change of Nonimmigrant Status, filed with the district director having jurisdiction over the place of 
employment if changing to Hor L status. 8 C.F.R. § 248.3(a) and (b) (1991). In addition , the 1991 regulations provided 
that "[a]n alien .. . shall apply for an extension of stay on Form I-539 . .. . [E]ach alien seeking an extension of stay 
generally must execute and submit a separate application for extension of stay to the district office having jurisdiction over 
the alien's place of temporary residence in the United States." 8 C.F.R. § 214.l(c)(l) (1991) . In implementing the 
Immigration Act of 1990, Pub. L. No. 101-649, 104 Stat. 4978, these functions were combined into one form (Form I-129) 
to more efficiently process the separate requests . See 56 Fed. Reg. 61111 (Dec. 2, 1991); 56 Fed. Reg. 61201, 61204 
(Dec. 2, 1991). 
authorized stay in the United States ( extension of her H-1 B nonimmigrant status). 2 The regulations do 
not provide for an appeal from a denial of an extension of stay: "[ w ]here an applicant or petitioner 
demonstrates eligibility for a requested extension, it may be granted at the discretion of USCIS. The 
denial of an application for extension of stay may not be appealed." 8 C.F.R. § 214.l(c)(5). Moreover, 
the authority to adjudicate appeals is delegated to the AAO by the Secretary of the Department of 
Homeland Security (DHS) pursuant to the authority vested in him through the Homeland Security Act 
of 2002, Pub. L. 107-296. See DHS Delegation Number 0150.1 (effective March 1, 2003); see also 8 
C.F.R. § 2.1 (2003). The AAO exercises appellate jurisdiction over the matters described at 8 C.F.R. 
§ 103.l(f)(3)(iii) (as in effect on Feb. 28, 2003). 3 Appeals from denials of requests for extension of 
stay are not listed as matters over which the AAO has jurisdiction, and the appeal must therefore be 
rejected. 
For the reasons stated herein, the Petitioner's appeal must be rejected. 
ORDER: The appeal is rejected. 
2 See the Form T-129 instructions found at: https://www.uscis.gov/sites/default/files/document/fonns/i-129instr.pdf Page 
five of the instructions lists the different uses of the Form T-129 including the one at issue which is a request to "[e]xtend 
the stay of [a] beneficiary who now holds this status." 
3 There is one exception to this. Petitions for approval of schools under 8 C.F.R. § 214.3 are now the responsibility of U.S. 
Immigration and Customs Enforcement and fall outside the jurisdiction ofUSCIS. 
2