Remanded
H-1B
H-1B Remanded — E-Commerce (2005): the director denied the petition because the H-1B numerical
Decision Summary
The director denied the petition because the H-1B numerical cap for the fiscal year had been reached. The AAO found that since the beneficiary was already in H-1B status, the petition was for an extension of stay with a new employer and therefore not subject to the numerical limit. The case was remanded for adjudication on its merits.
Criteria Discussed
H-1B Numerical Cap Extension Of Status Specialty Occupation Beneficiary Qualifications
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