Dismissed
H-1B
H-1B Dismissed — Software Services (2016): 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 under AC21. A final decision had already been made to deny the beneficiary's adjustment of status application, making them ineligible for an extension under section 106(a). Furthermore, the beneficiary was not eligible under section 104(c) because their inability to adjust status was due to the denial, not because of per-country visa limitations.
Criteria Discussed
H-1B Six-Year Limitation (Ina 214(G)(4)) Ac21 Section 106(A) Extension (Pending Labor Cert/I-140) Ac21 Section 104(C) Extension (Approved I-140 With Per-Country Limits)
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