dismissed H-1B

dismissed H-1B Case: Cloud Computing

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Cloud Computing

Decision Summary

The appeal was dismissed as moot. USCIS records indicated that the Petitioner had filed a separate H-1B petition for the same Beneficiary which was approved, making the current appeal unnecessary.

Criteria Discussed

Specialty Occupation

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View Full Decision Text
U.S. Citizenship 
and Immigration 
Services 
In Re: 5190629 
Appeal of California Service Center Decision 
Form I-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : JAN. 3, 2020 
The Petitioner , a global leader in virtualization software and cloud computing infrastructure, seeks to 
temporarily employ the Beneficiary as a "Product Manager, Cloud Infrastructure Team" under the Hยญ
lB nonimmigrant classification for specialty occupations. See Immigration and Nationality Act (the Act) 
section 101(a)(15)(H)(i)(b), 8 U.S.C. ยง 1101(a)(15)(H)(i)(b). The H-lB program allows a U.S. 
employer to temporarily employ a qualified foreign worker in a position that requires both (a) the 
theoretical and practical application of a body of highly specialized knowledge and (b) the attainment 
of a bachelor's or higher degree in the specific specialty ( or its equivalent) as a minimum prerequisite 
for entry into the position. 
The Director of the California Service Center denied the petition, concluding that the Petitioner failed 
to establish that the proffered position qualifies as a specialty occupation. On appeal, the Petitioner 
submits additional evidence and contends that the petition should be approved. 
U.S. Citizenship and Immigration Services records indicate that the Petitioner filed another 
Form I-129, Petition for a Nonimmigrant Worker, seeking H-lB classification on behalf of the 
Beneficiary and that the petition was approved. Because the Beneficiary has been approved for H-lB 
employment with the Petitioner, further pursuit of the matter at hand is moot. 
ORDER: The appeal is dismissed. 
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