dismissed H-1B

dismissed H-1B Case: Computer Consultancy

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Computer Consultancy

Decision Summary

The appeal was dismissed as moot. USCIS records indicated the Beneficiary had adjusted status to that of a permanent resident, rendering the issues in the nonimmigrant H-1B proceeding moot.

Criteria Discussed

Specialty Occupation Validity Of Employment

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View Full Decision Text
U.S. Citizenship 
and Immigration 
Services 
MATTER OF C-T-S-US CORP 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 6, 2019 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a computer and software consultancy company, seeks to temporarily employ the 
Beneficiary as a "manager" under the H-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 initially approved the petition . Upon review of the 
findings of an administrative site visit to the claimed work location of the Beneficiary , which 
demonstrated that the Beneficiary was not employed in the capacity specified in the petition, the 
Director ultimately revoked the petition's approval. On appeal, the Petitioner asserts that the 
Director's decision was erroneous and that the revocation should be overturned. 1 
U.S. Citizenship and Immigration Services (USCIS) records indicate that this Beneficiary is the spouse 
of a Beneficiary of an approved immigrant petition and has adjusted status to that of a permanent 
resident as of July 31 , 2019. While the Petitioner has not withdrawn the appeal in this proceeding, it 
would appear that the Beneficiary is presently a permanent resident and the issues in this proceeding 
are moot. Therefore, this appeal is dismissed. 
ORDER: The appeal is dismissed. 
Cite as Matter ofC-T-S-US Corp, ID# 6510597 (AAO Sept. 6, 2019) 
1 We note that this appeal has been pending for several years; however , no explanation was provided regarding the delay 
in the forwarding of this matter to our office for review . 
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