dismissed
H-1B
dismissed H-1B Case: Unknown
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Decision Summary
The appeal was dismissed because the petitioner filed two cap-subject H-1B petitions for the same beneficiary within the same fiscal year, violating the general prohibition at 8 C.F.R. § 214.2(h)(2)(i)(G). The petitioner's contradictory explanations for the duplicate filing were deemed not credible, and the AAO affirmed that a single employer may not file more than one cap-subject petition for the same beneficiary in a fiscal year.
Criteria Discussed
Multiple H-1B Petitions Rule (8 C.F.R. § 214.2(H)(2)(I)(G))
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