H-1B Dismissed — Law (2023): the petitioner filed a second H-1B cap-subject petition for

Decision Summary

The appeal was dismissed because the petitioner filed a second H-1B cap-subject petition for the same beneficiary within the same fiscal year before the first petition was denied. This action violated the regulation at 8 C.F.R. § 214.2(h)(2)(i)(G), which prohibits multiple filings. The AAO determined that subsequently withdrawing the first petition did not remedy the prohibited act and that the case did not qualify for any of the limited exceptions to the rule.

Criteria Discussed

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