dismissed H-1B Case: Information Technology
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Decision Summary
The appeal was dismissed because the position offered to the beneficiary at the time of filing no longer existed, as the project with the original end-client had been completed. The petitioner's attempt to substitute a new position with a different end-client and location was deemed a material change, and a petition cannot be approved based on a new set of facts that arise after filing. Furthermore, the original Labor Condition Application (LCA) did not correspond to the new place of employment.
Criteria Discussed
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