dismissed
H-1B
dismissed H-1B Case: Financial Services
Decision Summary
The appeal was dismissed as moot because the beneficiary had already adjusted their status to that of a lawful permanent resident. The initial petition approval was revoked upon finding that the petitioner filed multiple H-1B petitions for the beneficiary, but the appeal's dismissal was based on the change in the beneficiary's status.
Criteria Discussed
Multiple Filings
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U.S. Citizenship and Immigration Services MATTER OF U-M-S- INC APPEAL OF VERMONT SERVICE CENTER DECISION Non-Precedent Decision of the Administrative Appeals Office DATE: NOV. 30,2016 PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, a "credit card merchant/processing service" provider, seeks to temporarily employ the Beneficiary as an operation research analyst under the H-1 B 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-lB 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, Vermont Service Center, initially approved the petition and later revoked the approval upon finding that the Petitioner filed multiple H-1 B petitions for the Beneficiary in violation of 8 C.F.R. ยง 214.2(h)(2)(i)(G). U.S. Citizenship and Immigration Services records indicate that the Beneficiary has adjusted status to that of a lawful permanent resident as of October 29, 2016. While the Petitioner has not withdrawn the appeal, it would appear that the Beneficiary is presently a lawful permanent resident and the issues in this proceeding are moot. 1 ORDER: The appeal is dismissed. Cite as Matter ofU-M-S- Inc, ID# 11886 (AAO Nov. 30, 2016) 1 We dismiss the appeal as moot without prejudice. If this revocation becomes an issue in relation to the Beneficiary's lawful permanent resident status, we will reopen the matter sua sponte upon the Petitioner's request.
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