dismissed H-1B Case: Aircraft Engineering

(b)(6)
U.S. Department of Homeland Security 
U.S. Citizenship and lmmigratioll Services 
Administrative Appeals Office (AAO) 
20 Massachusetts Ave., N.W., MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
DATE: MAR 1 6 2015 OFFICE: VERMONT SERVICE CENTER FILE: 
IN RE: Petitioner: 
Beneficiary: 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 10l(a)(15)(H)(i)(b) of the 
Immi gration and Nationality Act, 8 U.S.C. § 1101(a)(15)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office (AAO) in your case. 
This is a non-precedent decision. The AAO does not announce new constructions of law nor establish agency 
policy through non-precedent decisions. If you believe the AAO incorrectly applied current law or policy to 
your case or if you seek to present new facts for consideration, you may file a motion to reconsider or a 
motion to reopen, respectively. Any motion must be filed on a Notice of Appeal or Motion (Form I-290B) 
within 33 days of the date of this decision. Please review the Form 1-2908 instructions at 
http://www.uscis.gov/forms for the latest information on fee, filing location, and other requirements. 
See also 8 C.F.R. § 103.5. Do not file a motion directly with the AAO. 
Ron osenberg 
Af,vt-� 
Chief, Administrative Appeals Office 
www.uscis.gov 
(b)(6)
NON-PRECEDENT DECISION 
Page 2 
DISCUSSION: The service center director (hereinafter "director") initially approved the 
nonimmigrant visa petition. In response to new evidence,. the director issued a notice of intent to 
revoke, and ultimately did revoke the approval of the petition. The matter is now before the 
Administrative Appeals Office on appeal. The appeal will be dismissed as the matter is now moot. 
On the Petition for a Nonimmigrant Worker (Form 1-129), the petitioner describes itself as a 
1,327-employee "[c]ommercial aircraft maintenance, modification and engineering" firm established 
in In order to continue to employ the beneficiary in what it designates as an "Aircraft 
Technologies Engineer" position, the petitioner seeks to classify him as a nonimmigrant worker in a 
specialty occupation pursuant to section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act 
(the Act), 8 U.S.C. § 1101(a)(15)(H)(i)(b). 
The director revoked approval of the petition on July 16, 2014, finding that the petitioner had 
violated the terms and conditions of the approved visa petition by failing to pay the beneficiary the 
full amount of the proffered wage. On appeal, the petitioner submitted a brief and additional 
evidence. 
A review of U.S. Citizenship and Immigration Services (USCIS) records indicates that on August 1, 
2014, a date subsequent to the revocation of the instant petition, the petitioner submitted a new Form I-
129 (receipt number ), on behalf of the beneficiary. USCIS records further indicate 
that this second petition was approved on August 15, 2014, which granted the beneficiary H-1B status 
from August 15, 2014 until February 1, 2016. Subsequently, the director issued a nunc pro tunc order 
granting the beneficiary H-1B status from February 2, 2013 until February 1, 2016. Because the 
beneficiary in the instant petition has been approved for H-1B employment with the petitioner based 
upon the filing of another petition, further pursuit of the matter at hand is moot. 
ORDER: The appeal is dismissed. The petition is denied.