dismissed
H-1B
dismissed H-1B Case: Unknown
Avoid this H-1B denial in your own petition.
No credit card. Generate your first draft in minutes.
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the beneficiary was exempt from the H-1B numerical cap. A prior petition for the beneficiary was approved but she never obtained H-1B status and the approval was subsequently revoked. Therefore, she was never counted against a previous year's cap and was subject to the current, exhausted cap.
Criteria Discussed
H-1B Cap Exemption Previously Counted Against The Cap
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Avoid the mistakes that led to this denial
MeritDraft guides you through USCIS criteria so your draft is organized around the right evidence, legal framing, and common denial patterns.
Start a Stronger Draft →No credit card required. Generate your first petition draft in minutes.