H-1B Remanded — Unknown (2020): uSCIS failed to process the petitioner's timely request to

Decision Summary

The case was remanded because USCIS failed to process the petitioner's timely request to withdraw the initial petition. The petitioner had mistakenly submitted an incomplete petition, requested its withdrawal, and then filed a second, complete petition. The Director's failure to grant the withdrawal led to an erroneous revocation based on the prohibition against multiple H-1B cap-subject filings in the same fiscal year.

Criteria Discussed

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