dismissed
H-1B
dismissed H-1B Case: Computer Science
Decision Summary
The appeal was dismissed as moot. The AAO found that because the beneficiary had already been approved for H-1B employment with a different petitioner after the instant petition was filed, further pursuit of the appeal was unnecessary.
Criteria Discussed
Specialty Occupation
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →View Full Decision Text
MATTER OF P-R-I-, INC. Non-Precedent Decision of the Administrative Appeals Office DATE: OCT. 1, 2015 APPEAL OF CALIFORNIA SERVICE CENTER DECISION PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, a "Computer consulting services" firm, wishes to employ the Beneficiary in what it designates as a "Programmer Analyst (Computer Programming)" position and seeks to classify him as a nonimmigrant worker in a specialty occupation. See section 10l(a)(15)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1101(a)(15)(H)(i)(b). The Director, California Service Center, denied the petition. The matter is now before us on appeal. The appeal will be dismissed. The instant visa petition was submitted on April 2, 2014. The Director denied the petition, finding the evidence insufficient to establish that the proffered position qualifies for classification as a specialty occupation position. On appeal, the Petitioner asserts that the Director's basis for denial was erroneous and contends that it satisfied all evidentiary requirements. A review of U.S. Citizenship and Immigration Services (USCIS) records indicates that on October 7, 2014, a date subsequent to the filing of the instant petition, another employer filed a Form 1-129 petition seeking nonimmigrant H-lB classification on behalf of the Beneficiary. USCIS records further indicate that this other employer's petition was approved on October 29, 2014. Because the Beneficiary in the instant petition has been approved for H-lB employment with another petitioner, further pursuit of the matter at hand is moot. ORDER: The appeal is dismissed. Cite as Matter of P-R-1-, Inc., ID# 14544 (AAO Oct. 1, 2015)
Avoid the mistakes that led to this denial
MeritDraft learns from dismissed cases so your petition avoids the same pitfalls. Get arguments built on winning precedents.
Avoid This in My Petition →No credit card required. Generate your first petition draft in minutes.