H-1B Remanded — E-Commerce (2005): the director denied the petition, believing it was a new

Decision Summary

The director denied the petition, believing it was a new H-1B subject to the annual numerical cap, which had been reached. The AAO found that the beneficiary was already in H-1B status, making the petition an extension of stay with a change of employer, which is exempt from the cap. The case was remanded for adjudication on its merits, specifically whether the position qualifies as a specialty occupation.

Criteria Discussed

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