Dismissed
H-1B
H-1B Dismissed — Unknown (2021): did not establish the beneficiary's eligibility for an H-1B
Decision Summary
The appeal was dismissed because the petitioner did not establish the beneficiary's eligibility for an H-1B extension beyond the six-year limit. The H-1B extension petition was filed only 31 days after the underlying Form I-140 was filed, failing to meet the requirement that the labor certification or immigrant petition has been pending for at least 365 days. Additionally, the referenced labor certification had already expired and could not support the extension request.
Criteria Discussed
H-1B 6-Year Limit Extension Based On Pending Labor Certification Or I-140 (Ac21) 365-Day Rule For Pending Applications Extension Based On Approved I-140 With Per-Country Limitations
📄 Original decision (USCIS PDF)
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