dismissed H-1B Case: Computer Science

U.S. Citizenship 
and Immigration 
Services 
In Re: 17141456 
Appeal of California Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: DEC. 27, 2021 
The Petitioner seeks to extend the temporary employment of the Beneficiary in a "computer systems 
architect" position under the H-lB nonimmigrant classification. See Immigration and Nationality Act 
(INA) section 101(a)(15)(H)(i)(b), 8 U.S .C. § 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 denied the petition , concluding that the Petitioner had 
not established that the Beneficiary qualified to perform the duties of the proffered position. On 
appeal , the Petitioner asserts the Director erred and that it has established eligibility for this visa 
classification . We will dismiss the appeal. 
U.S. Citizenship and Immigration Services (USCIS) records indicate that after the instant petition was 
filed, another employer filed a petition seeking nonimmigrant H-lB classification on behalf of the 
Beneficiary. USCIS records further indicate that the other petition was approved. We sent a letter to 
the Petitioner requesting verification of its intent to pursue this appeal and have not received a 
response . A benefit request rnay be denied as abandoned , denied based on the record , or denied for 
both reasons if a petitioner does not respond to a request for evidence or a notice of intent to deny by 
the required date. 8 C.F.R . § 103.2(b)(13)(i). Therefore , the appeal will be dismissed as abandoned 
because the Petitioner did not respond to our request within the time permitted. 
ORDER: The appeal is dismissed.