H-1B Dismissed — Not Specified (2015): the H-1B petition was subject to the annual numerical cap,

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cap exemption was invalid because the beneficiary had never actually held H-1B status; a prior employer's petition was withdrawn before the beneficiary was admitted to the U.S., so they were never counted against the cap.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

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