dismissed H-1B Case: Computer Science

U.S. Citizenship 
and Immigration 
Services 
MATTER OF C-D-S- LLC 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAR. 24,2016 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a product development and IT software services company, seeks to temporarily 
employ the Beneficiary as a "computer programmer" under the H-1B nonimmigrant classification 
for specialty occupations. See Immigration and Nationality Act (the Act) § 101(a)(15)(H)(i)(b), 
8 U.S.C. § 1101(a)(15)(H)(i)(b). The H-1B 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, California Service Center, denied the petition. 1 The Director concluded that the 
evidence of record was insufficient to establish that the proffered position qualifies as a specialty 
occupation. The matter is now before us on appeal. In its appeal, the Petitioner submits a brief and 
asserts that the Director did not fully consider the submitted evidence. We will dismiss the appeal. 
U.S. Citizenship and Immigration Services (USCIS) records indicate that on April 10, 2014, another 
employer filed a Form I-129 seeking H-1B nonimmigrant classification on behalf of the Beneficiary. 
USCIS records further indicate that the other petition was approved. Subsequently, another 
employer filed a Form I-129 seeking H-1B nonimmigrant classification for the Beneficiary. This 
petition, too, was approved for the period March 31, 2015, to March 15, 2018. We sent a letter to 
the Petitioner requesting verification of its intent to pursue this appeal on January 21, 2016, and have 
not received a response. 
Because the Beneficiary of the instant petition has been approved for H -1 B employment with 
another employer, further pursuit of the matter at hand is moot. The appeal is also summarily 
dismissed for failure to respond to our request within the time permitted. 8 C.F .R. § 103 .2(b )(14 ); 
! 8 C.F.R. § 103.2(b)(13)(i). 
1 The Director first denied the petition on September 29, 2014. The Director granted the Petitioner's subsequent motion 
to reopen and reconsider, and again denied the petition on March 12, 2015. 
Matter of C-D-S- LLC 
ORDER: The appeal is dismissed. 
Cite as Matter of C-D-S- LLC, ID# 15627 (AAO Mar. 24, 2016) 
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