INS Memo on COS for Beneficiaries of Petitions Subject to the FY 1998 H-1B Cap
Legacy INS memo states, "Where an adjudicator is aware that the beneficiary’s status has expired, or will have expired by the H-1B effective date, change of status will be denied even if the petition is approved on its merits." The memo also states that "Likewise, changes of status will be approved
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