H-1B Sustained — Business Systems Analysis (2006): the director denied the petition, finding the beneficiary

Decision Summary

The director denied the petition, finding the beneficiary ineligible for a seventh-year H-1B extension under AC-21 because the petition was filed after his status had expired. The AAO sustained the appeal, agreeing that the beneficiary was ineligible for the AC-21 extension, but determined that he had not yet exhausted his initial six years of H-1B eligibility and therefore approved the petition for the remaining time within that six-year period.

Criteria Discussed

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