dismissed H-1B

dismissed H-1B Case: Database Administration

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Database Administration

Decision Summary

The appeal was dismissed as moot. The petitioner requested to withdraw the petition after the initial decision was made, which, per regulation 8 C.P.R. ยง 214.2(h)(11)(ii), makes the petition subject to immediate and automatic revocation.

Criteria Discussed

Withdrawal Of Petition

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View Full Decision Text
U.S. Citizenship 
and Immigration 
Services 
MATTER OF I-S-, INC 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: OCT. 21,2015 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner seeks to employ the Beneficiary as an Oracle Database Administrator and to classify him 
as a nonimmigrant worker in a specialty occupation. See Immigration and Nationality Act (the Act) ยง 
101(a)(15)(H)(i)(b), 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. 
On September 9, 2015, the Petitioner's counsel requested that the petition be withdrawn. The 
regulation at 8 C.P.R. ยง 103.2(b)(6), however, precludes this because the U.S. Citizenship and 
Immigration Services has already issued a decision on the petition. 
Notwithstanding this provision, this request to withdraw the petition now renders it subject to 
immediate and automatic revocation without prior notice. See 8 C.P.R. ยง 214.2(h)(11)(ii). Therefore, 
as the request to withdraw the original petition was received before the issuance of our decision in this 
matter, the issues in this proceeding are now moot, and the appeal will be dismissed on this basis. 
ORDER: The appeal is dismissed. 
Cite as Matter of I-S-, Inc, ID# 15308 (AAO Oct. 21, 2015) 
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