This Memo discusses the significance of prior USCIS approval of a nonimmigrant petition in the context of eligibility for an extension, particlulary adjudicators should approve subsequently-filed petitions where there is no material change in the underlying facts absent material error in the prior adjudication, fraud in obtaining the prior adjudication, or a material change in circumstance that has a bearing on eligibility for a category, and it reminds adjudicators that a “material error” must be more than the substitution of the opinion of one examiner for another.
Yates Memorandum availabe on internet at http://www.uscis.gov/files/pressrelease/Readjud_042304.pdf
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