H-1B Dismissed — Business (2022): the petitioner, on a previous petition, had explicitly

Decision Summary

The appeal was dismissed because the petitioner, on a previous petition, had explicitly selected options to be considered 'cap exempt' and to reclaim the remainder of the beneficiary's previous six-year H-1B period. The AAO found that this was a binding choice, and the petitioner could not later argue that the beneficiary should have started a new six-year period. The decision upheld the Director's calculation of the beneficiary's remaining time based on the petitioner's own selections on the form.

Criteria Discussed

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