H-1B Sustained — Special Effects: the director denied the H-1B extension because the

Decision Summary

The director denied the H-1B extension because the beneficiary's associated Form I-140 immigrant petition had been denied. The appeal was sustained because the petitioner had filed a new Form I-140 based on a valid labor certification that had been pending for over 365 days, which made the beneficiary eligible for the extension under the American Competitiveness in the Twenty-First Century Act (AC-21) while the new petition was pending.

Criteria Discussed

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