dismissed
H-1B
dismissed H-1B Case: Unknown
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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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