dismissed
H-1B
dismissed H-1B Case: Not Specified
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Decision Summary
The appeal was dismissed because the H-1B petition was subject to the annual numerical cap, which had already been reached for the fiscal year. The petitioner's claim for a cap exemption was invalid because the beneficiary had never actually held H-1B status; a prior employer's petition was withdrawn before the beneficiary was admitted to the U.S., so they were never counted against the cap.
Criteria Discussed
H-1B Numerical Cap Cap Exemption Based On Prior H-1B Status H-1B Portability
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