Dismissed
H-1B
H-1B Dismissed — Software Development (2015): 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. The beneficiary's prior approved I-140 immigrant petition, which could have formed the basis for an extension under AC21, had been automatically revoked after the previous petitioning employer withdrew it. The AAO found that a revoked I-140 does not confer eligibility for such an extension.
Criteria Discussed
H-1B 6-Year Limit Ac21 Extension Eligibility Exemption For Beneficiaries With Approved Immigrant Petitions Exemption For Beneficiaries With Pending Labor Certifications Or Immigrant Petitions Revocation Of I-140 Petition
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