dismissed
H-1B
dismissed H-1B Case: Education
Decision Summary
The appeal was dismissed because the issue was considered moot. A subsequent Form I-129 petition filed by the same petitioner for the same beneficiary was approved after the initial denial, rendering further pursuit of the appeal unnecessary.
Criteria Discussed
Mootness
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U.S. Citizenship and Immigration Services MATTER OF C-C-S-D-59 Non-Precedent Decision of the Administrative Appeals Office DATE: NOV. 27,2015 APPEAL OF CALIFORNIA SERVICE CENTER DECISION PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, a public school system, seeks to temporarily employ the Beneficiary as a "Bilingual Teacher" under the H-1B nonimmigrant classification. See Immigration and Nationality Act (the Act) § 101(a)(15)(H)(i)(b), 8 U.S.C. § 1101(a)(15)(H)(i)(b). The Director, California Service Center, denied the petition. The matter is now before us on appeal. The appeal will be dismissed. A review of U.S. Citizenship and Immigration Services (USCIS) records indicates that on November 9, 2015, a date subsequent to the denial of the instant petition, the Petitioner submitted a new Form I -129 on the Beneficiary's behalf. USCIS records further indicate that this second petition was approved on November 16, 2015, which granted the Beneficiary H-1B status from December 1, 2015, until February 28, 2017. Because the Beneficiary in the instant petition has been approved for employment with the Petitioner based upon the filing of another petition, further pursuit of the matter at hand is moot. ORDER: The appeal is dismissed. Cite as Matter ofC-C-S-D-59, ID# 15632 (AAO Nov. 27, 2015)
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