dismissed H-1B Case: Unknown
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Decision Summary
The appeal was dismissed because the beneficiary was not eligible for an H-1B extension beyond the six-year limit under the AC21 provisions. At the time the petitioner filed for the extension, the beneficiary's underlying immigrant petition (Form I-140) had already been denied, which terminates eligibility for such extensions. The fact that the petitioner later filed a new I-140 did not retroactively make the beneficiary eligible at the time the H-1B petition was filed.
Criteria Discussed
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