remanded
H-1B
remanded H-1B Case: Software Consulting
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
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Draft your H-1B petition with AAO-aware structure
MeritDraft helps organize your evidence into a compliant petition draft grounded in USCIS criteria and attorney-style reasoning.
Sign Up Free →No credit card required. Generate your first petition draft in minutes.