dismissed
H-1B
dismissed H-1B Case: Accounting
Decision Summary
The appeal was dismissed because the Beneficiary had adjusted her status to that of a Legal Permanent Resident (LPR). This change in status rendered the issues in the H-1B proceeding moot, as the nonimmigrant visa was no longer needed.
Criteria Discussed
Beneficiary'S Adjustment Of Status Mootness
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MATTER OF S-C- APPEAL OF VERMONT SERVICE CENTER DECISION Non-Precedent Decision of the Administrative Appeals Office DATE: JAN. 20, 2016 PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, a firm engaged in the design, importation, and resale of costume jewelry, filed a petition in order to continue to temporarily employ the Beneficiary as an accountant under the H -1 B nonimmigrant classification. See Immigration and Nationality Act (the Act) ยง 101(a)(15)(H)(i)(b), 8 U.S.C. ยง 1101(a)(15)(H)(i)(b). The Director, Vermont Service Center, initially approved the petition but later revoked the approval on the basis that the Petitioner violated the terms and conditions of the approved petition. The matter is now before us on appeal. The appeal will be dismissed. A review of U.S. Citizenship and Immigration Services records indicates that on June 4, 2014, the Beneficiary adjusted her status to that of a legal permanent resident (LPR). As the Beneficiary's LPR status renders the issues in this proceeding moot, we are dismissing the appeal. However, in this particular case, we dismiss the appeal without prejudice. If the underlying revocation action becomes an issue in relation to the Beneficiary's LPR status, we will sua sponte reopen the matter upon the Petitioner's request. ORDER: The appeal is dismissed. Cite as Matter ofS-C-, ID# 14252 (AAO Jan. 20, 2016)
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