Dismissed
H-1B
H-1B Dismissed — Unknown (2023): did not establish the beneficiary's eligibility for an H-1B
Decision Summary
The appeal was dismissed because the petitioner failed to establish the beneficiary's eligibility for an H-1B extension beyond the six-year limit. The petitioner's labor certification, filed in September 2021, had not been pending for the required 365 days at the time the H-1B petition was filed in November 2021. The appeal also failed to demonstrate eligibility based on a prior employer's filings.
Criteria Discussed
H-1B Six-Year Limit Ac21 Lengthy Adjudication Delay Exemption Labor Certification Pending 365+ Days Immigrant Visa Petition Pending 365+ Days
📄 Original decision (USCIS PDF)
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Research more H-1B decisions on MeritDraft
Browse AAO decisions by visa type, outcome, and criteria discussed.
Browse Decisions →