dismissed
H-1B
dismissed H-1B Case: 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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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 While the Petitioner has not withdrawn the appeal in this proceeding , it would appear that the Beneficiary is presently a permanent resident and the issue in this proceeding is moot.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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