H-1B Sustained — Computer Consulting (2006): the director denied the H-1B extension, believing the

Decision Summary

The director denied the H-1B extension, believing the beneficiary was ineligible for an exemption to the six-year limit because their related I-140 immigrant petition had been denied. The AAO sustained the appeal, clarifying that because the I-140 denial was under a timely appeal, it was not a final decision. As the I-140 had been pending for over 365 days, the beneficiary was eligible for a one-year H-1B extension under the provisions of AC21.

Criteria Discussed

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