H-1B Dismissed — Unknown (2023): the requested validity dates for the H-1B petition had

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

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