Dismissed
H-1B
H-1B Dismissed — Unknown (2022): the beneficiary was not eligible for an H-1B cap exemption
Decision Summary
The appeal was dismissed because the beneficiary was not eligible for an H-1B cap exemption. Although a prior employer's petition was approved, it was later revoked, and the beneficiary never worked in H-1B status for that employer. As she had not accrued any time in H-1B status, she could not be considered 'already counted' against the cap for a new petition.
Criteria Discussed
H-1B Cap Exemption Previously Counted Against The Cap Revocation Of Prior Petition Accrual Of H-1B Time Advanced Degree Exemption Non-Profit Institution Requirement
📄 Original decision (USCIS PDF)
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