Dismissed
H-1B
H-1B Dismissed — Unknown (2023): the beneficiary was never counted against the H-1B
Decision Summary
The appeal was dismissed because the beneficiary was never counted against the H-1B numerical cap. Although the beneficiary was issued an H-1B visa in 2015 based on a previous employer's petition, they never sought admission to the United States in H-1B status, and the petition was subsequently revoked. As the beneficiary never held H-1B status, they are not eligible for a cap-exempt petition.
Criteria Discussed
H-1B Numerical Limitations (Cap) Cap Exemption Based On Prior Approval Distinction Between Visa Issuance And Being Granted Nonimmigrant Status Requirement Of Admission To The U.S. To Be Counted Against The Cap Automatic Revocation Of Unused H-1B Petitions
📄 Original decision (USCIS PDF)
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