dismissed
H-1B
dismissed H-1B Case: Computer Programming
Decision Summary
The appeal was dismissed because the issue was considered moot. The Beneficiary had already adjusted their status to that of a lawful permanent resident, making the outcome of the nonimmigrant petition appeal irrelevant.
Criteria Discussed
Mootness Beneficiary Adjustment Of Status
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MATTER OF L-D-, LLC APPEAL OF VERMONT SERVICE CENTER DECISION Non-Precedent Decision of the Administrative Appeals Office DATE: NOV. 10, 2015 PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, a dance studio, seeks to employ the Beneficiary as a computer programmer and to extend his classification as a nonimmigrant worker in a specialty occupation. See section 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, Vermont Service Center, revoked the approval of the petition. The matter is now before us on appeal. The appeal will be dismissed. The Director initially approved the petition on September 23, 2011. However, she revoked the approval of the petition on February 24, 2015, based upon the results of a site visit. On appeal, the Petitioner asserted that the Director's basis for revocation was erroneous. A review of the records of U.S. Citizenship and Immigration Services (USCIS) indicates that this Beneficiary is the beneficiary of an approved immigrant petition and adjusted status to that of a lawful permanent resident on September 19, 2015. While the Petitioner has not withdrawn the appeal in this proceeding, it would appear that the Beneficiary is presently a lawful permanent resident and the issues in this proceeding are moot. Therefore, this appeal is dismissed. ORDER: The appeal is dismissed. Cite as Matter of L-D-, LLC, ID# 14436 (AAO Nov. 10, 2015)
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