dismissed
H-1B
dismissed H-1B Case: Information Technology
Avoid this H-1B denial in your own petition.
No credit card. Generate your first draft in minutes.
Decision Summary
The appeal was dismissed because the beneficiary was not exempt from the H-1B cap. Although a previous H-1B petition was approved for the beneficiary, he never obtained a visa or entered the U.S. to acquire H-1B status. The prior petition was subsequently revoked, and the associated visa number was returned to the cap pool, meaning the beneficiary was never officially 'counted' against the cap.
Criteria Discussed
H-1B Cap Exemption Previously Counted Against The Cap Revocation Of Prior Unused Petition Holding H-1B Status
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Avoid the mistakes that led to this denial
MeritDraft guides you through USCIS criteria so your draft is organized around the right evidence, legal framing, and common denial patterns.
Start a Stronger Draft →No credit card required. Generate your first petition draft in minutes.