dismissed
H-1B
dismissed H-1B Case: Computer Programming
Decision Summary
The appeal was summarily dismissed as abandoned because the Petitioner failed to respond to a notice from the AAO within the required timeframe. According to regulations, if a petitioner does not respond to a notice, the benefit request may be denied as abandoned.
Criteria Discussed
Abandonment Failure To Respond To Notice
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MATTER OF A- LLP Non-Precedent Decision of the Administrative Appeals Office DATE: OCT. 28, 2015 APPEAL OF CALIFORNIA SERVICE CENTER DECISION PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, a management and consulting technology solutions firm, seeks to employ the Beneficiary as a "computer programmer/configurer 2" and to classify her as a nonimmigrant worker in a specialty occupation. See Immigration and Nationality Act (the Act) ยง 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. ยง 1101(a)(15)(H)(i)(b). The Director, California Service Center, initially approved the nonimmigrant visa petition. Upon subsequent review of the record, the Director issued a notice of intent to revoke (NOIR) the approval of the petition, and ultimately did revoke the approval of the petition. The matter is now before us on appeal. The appeal will be dismissed. More specifically, we sent a sent a notice to the Petitioner. The Petitioner was afforded 33 days to respond to the notice; however, the Petitioner did not respond within the allotted timeframe, or any time since then. If a petitioner does not respond to a notice by the required date, the benefit request may be summarily denied as abandoned, denied based on the record, or denied for both reasons. See 8 C.F .R. ยง 103 .2(b )(13 )(i). 1 As the Petitioner has not responded to our notice, the benefit request is deniable under the regulatory provision cited above making any remaining issues in this proceeding moot. ORDER: The appeal is summarily dismissed as abandoned pursuant to 8 C.F.R. ยง 103.2(b)(13). Cite as Matter of A- LLP, ID# 12680 (AAO Oct. 28, 2015) 1 As further provided in 8 C.F. R. ยง I 03 .2(b )( 14 ), the failure to submit requested evidence that precludes a material line of inquiry shall be grounds for denying the benefit request.
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