dismissed H-1B

dismissed H-1B Case: Computer Programming

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ 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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View Full Decision Text
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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