Dismissed
H-1B
H-1B Dismissed — Unknown (2023): the Director's revocation of the petition was correct
Decision Summary
The appeal was dismissed because the Director's revocation of the petition was correct. The beneficiary was never properly counted against the H-1B numerical cap because, although a prior petition was approved and a visa was issued in 2008, the beneficiary never sought admission to the United States in H-1B status. Therefore, the current petition could not claim exemption from the H-1B cap based on that prior approval.
Criteria Discussed
H-1B Numerical Limitations (Cap) Exemption From The H-1B Cap Previously Counted Against The Cap Revocation Of Petition Approval Distinction Between Visa Issuance And Admission In Status
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