dismissed
H-1B
dismissed H-1B Case: Software Development
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Decision Summary
The appeal was dismissed because the petitioner filed two H-1B petitions for the same beneficiary in the same fiscal year, in violation of regulations. Although the petitioner claimed this was a clerical error and that one petition was intended for a different individual, the record showed that both Form I-129s officially submitted to USCIS named the same beneficiary, which mandates the denial or revocation of all such petitions.
Criteria Discussed
Multiple H-1B Filings Prohibition (8 C.F.R. § 214.2(H)(2)(I)(G))
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