H-1B Dismissed — Software Development (2021): the petitioner failed to file a required amended petition

Decision Summary

The appeal was dismissed because the petitioner failed to file a required amended petition before the beneficiary began working at a new location. The petitioner's claim that the move qualified for a 'short-term placement' exception was contradicted by evidence in the record, such as a statement of work, which indicated the placement was intended for 12 months, thus constituting a material change requiring a timely filed amended petition.

Criteria Discussed

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