dismissed H-1B

dismissed H-1B Case: Education

๐Ÿ“… Date unknown ๐Ÿ‘ค Organization ๐Ÿ“‚ Education

Decision Summary

The appeal was dismissed because the issue was considered moot. The Beneficiary had already adjusted their status to that of a U.S. permanent resident, making the outcome of the nonimmigrant petition appeal irrelevant.

Criteria Discussed

Mootness Adjustment Of Status Continued Employment

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View Full Decision Text
U.S. Citizenship 
and Immigration 
Services 
In Re: 6440543 
Appeal of Vermont Service Center Decision 
Form I-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : FEB. 6, 2020 
The Petitioner seeks to temporarily employ the Beneficiary as a "group teacher" under the H-lB 
nonimmigrant classification for specialty occupations. See Immigration and Nationality Act (the Act) 
section 101(a)(15)(H)(i)(b), 8 U.S.C. ยง 1101(a)(15)(H)(i)(b). The H-IB 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 Vermont Service Center approved the petition , but later revoked the approval after 
serving a notice of intent to revoke. In the revocation , the Director concluded that the Beneficiary is 
no longer employed by the Petitioner in the capacity specified in the petition. 
A review of our records indicates that this Beneficiary is also the Beneficiary of an approved 
immigrant petition and has adjusted status to that of a U.S. permanent resident as of 
December 2019. While the Petitioner has not withdrawn the appeal in this proceeding , it would appear 
that the Beneficiary is presently a permanent resident and the issue in this proceeding is moot. 
ORDER: The appeal is dismissed. 
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