dismissed H-1B Case: Unknown

U.S. Citizenship 
and Immigration 
Services 
InRe : 18347293 
Appeal of Texas Service Center Decision 
Form I-129, Petition for a Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: SEP. 7, 2021 
The Petitioner seeks to temporarily employ the Beneficiary under the H-lB nonimmigrant 
classification for specialty occupations . Immigration and Nationality Act (the Act) 
section 101(a)(15)(H)(i)(b), 8 U.S.C. § 1101(a)(15)(H)(i)(b). The H-lB program allows a U.S. 
employer to temporarily employ a qualified foreign worker in a position that requires both (a) the 
theoretical and practical application of a body of highly specialized knowledge and (b) the attainment 
of a bachelor's or higher degree in the specific specialty ( or its equivalent) as a minimum prerequisite 
for entry into the position. 
The Texas Service Center Director approved the H-1 B petition filed on the Beneficiary's behalf but 
denied the request to change the status and extend the Beneficiary's stay in the United States. 
The matter is now before us on appeal. We will reject the appeal. 
We note that a "change of status and extension of stay" request must be distinguished from a request 
by a petitioner seeking to classify a beneficiary as an H-lB nonimmigrant. Even though these 
determinations occur through the filing of one form (the H-lB petition), they are still separate 
determinations . See 8 C.F.R. §§ 214 .2(h)(2)(i)(A); 248 .3(a). There is no provision in the regulations 
for an appeal from a denial of a change of status and extension of stay request. See 8 C.F.R 
§ § 214. l(c)(S), 248.3(g). Thus, any denial of a change of status and extension of stay request is not 
within our jurisdiction. 
The authority to adjudicate appeals is delegated to us by the Secretary of the U.S. Department of 
Homeland Security (DHS) pursuant to the authority vested in him through the Homeland Security Act 
of 2002, Pub . L. 107-296. See DHS Delegation Number 0150 .1 (effective March 1, 2003); see also 
8 C.F.R . § 2 .1 (2003 ). The regulations limit our jurisdiction over petitions for temporary workers to 
those described under8 C.F.R. §§ 214 .2 and214.6. See 8 C.F.R . § 103.l(f)(3)(iii)(J)(2003). The 
Petitioner points to no authority for this office to overturn the Director's denial of the Beneficiary's 
change of status and extension of stay. As there is no legal basis for our jurisdiction over the 
Petitioner's request the appeal must be rejected . 
ORDER: The appeal is rejected.