remanded
H-1B
remanded H-1B Case: Information Security
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Decision Summary
The appeal was remanded because the Director incorrectly denied the H-1B petition based on the Beneficiary's failure to maintain F-1 status. The AAO found that the Director conflated two separate issues: the H-1B petition's merits (e.g., specialty occupation) and the Beneficiary's eligibility for a change of status. The case was sent back for a new decision to be made on the merits of the H-1B classification itself.
Criteria Discussed
Beneficiary'S Maintenance Of Status Distinction Between H-1B Petition Eligibility And Change Of Status Eligibility Specialty Occupation
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