dismissed H-1B

dismissed H-1B Case: Computer Software

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Computer Software

Decision Summary

The appeal was summarily dismissed as abandoned because the petitioner failed to respond to a request for evidence from the AAO within the 87-day period allowed. According to regulations, this failure to submit requested evidence that precludes a material line of inquiry is grounds for dismissal.

Criteria Discussed

Failure To Respond To Request For Evidence Abandonment

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View Full Decision Text
MATTER OF 18/8S- INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: DEC. 30,2015 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a computer software development and consulting firm, seeks to temporarily employ 
the Beneficiary as a "Quality Assurance Analyst" under the H-1B nonimmigrant classification. See 
Immigration and Nationality Act ยง 101(a)(l5)(H)(i)(b), 8 U.S.C. ยง 1101(a)(15)(H)(i)(b). The 
Director, California Service Center, denied the petition and reaffirmed that decision in response to 
the Petitioner's subsequent motion to reopen and reconsider. The matter is now before us on 
appeal. The appeal will be summarily dismissed as abandoned. 
On September 18, 2015, we issued a notice to the Petitioner requesting evidence. The Petitioner was 
afforded 87 days to respond to the notice; however, the Petitioner did not respond within the time 
period allowed in the request, or any time since then. 
A petition may be summarily denied as abandoned, denied based on the record, or denied for both 
reasons if a petitioner or applicant fails to respond to a request for evidence by the required date. See 
8 C.F.R. ยง 103.2(b)(13)(i). As further provided in 8 C.F.R. ยง 103.2(b)(l4), the failure to submit 
requested evidence that precludes a material line of inquiry shall be grounds for denying the petition. 
As the Petitioner has not responded to the request for evidence, the appeal will be dismissed, and the 
petition will be denied, due to the failure to submit requested evidence that precludes a material line 
of inquiry, 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 1818S- Inc., ID# 13834 (AAO Dec. 30, 2015) 
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