Dismissed
H-1B
H-1B Dismissed — Unspecified (2022): the beneficiary's original cap-subject H-1B petition, filed
Decision Summary
The appeal was dismissed because the beneficiary's original cap-subject H-1B petition, filed by a different employer, was revoked due to fraud or material misrepresentation. The AAO determined that this revocation restored the H-1B cap number to the annual pool, which in turn forfeited the beneficiary's cap-exempt status. Therefore, the beneficiary was no longer considered to have been counted against the cap and was ineligible for a cap-exempt petition.
Criteria Discussed
H-1B Cap Exemption Previously Counted Against The Cap Revocation For Fraud Or Misrepresentation
📄 Original decision (USCIS PDF)
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