dismissed
H-1B
dismissed H-1B Case: 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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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 On September 9, 2015, the Petitioner's counsel requested that the petition be withdrawn.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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