Dismissed
H-1B
H-1B Dismissed — Systems Analyst (2006): the beneficiary was not in a valid nonimmigrant status when
Decision Summary
The appeal was dismissed because the beneficiary was not in a valid nonimmigrant status when the petition for an H-1B extension was filed. Although a labor certification had been pending for over 365 days, which is a requirement for an AC21 extension beyond the six-year limit, the beneficiary's prior status had already expired, making them ineligible for an extension of stay.
Criteria Discussed
H-1B Six-Year Limit Ac21 Extension Eligibility Pending Labor Certification For 365+ Days Maintenance Of Status For Extension Of Stay
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