dismissed
H-1B
dismissed H-1B Case: Unknown
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Decision Summary
The appeal was dismissed because the requested validity dates for the H-1B petition had already passed by the time USCIS adjudicated the case. The AAO determined there is no regulation or policy that allows for the retroactive approval of a new H-1B petition for a period entirely in the past, and the petitioner's arguments regarding adjudication delays were not found to be a sufficient basis to overcome this.
Criteria Discussed
Petition Validity Dates Retroactive Approval Lca Validity Period Adjudication Delays H-1B Cap Count
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