remanded
H-1B
remanded H-1B Case: Software Consulting
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Decision Summary
The director revoked a previously approved H-1B petition because the beneficiary had failed to maintain their prior F-1 student status. The AAO found that the beneficiary's status issue, while relevant to an extension of stay, did not satisfy any of the specific regulatory grounds for revoking the H-1B petition's classification. Therefore, the revocation was deemed improper and the case was remanded.
Criteria Discussed
Grounds For Revocation Under 8 C.F.R. § 214.2(H)(11)(Iii)(A) Beneficiary'S Maintenance Of Nonimmigrant Status (F-1) Change Of Nonimmigrant Status Gross Error In Petition Approval
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