H-1B Dismissed — Systems Engineering (2006): the petition to extend the beneficiary's H-1B status was

Decision Summary

The appeal was dismissed because the petition to extend the beneficiary's H-1B status was filed after his prior status had expired. Although the beneficiary was otherwise eligible for an extension under AC-21, regulations require that an extension request be filed while the applicant is still maintaining a valid status. The petitioner's claim of ineffective assistance of counsel was not sufficiently supported by evidence.

Criteria Discussed

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