Dismissed
H-1B
H-1B Dismissed — Unknown (2023): 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 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
H-1B Six-Year Limit Ac21 Extension Eligibility Lengthy Adjudication Delay Exemption Effect Of A Denied Immigrant Petition (Form I-140) On H-1B Extension Eligibility Eligibility At Time Of Filing
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