dismissed
H-1B
dismissed H-1B Case: Information Technology
Decision Summary
The appeal was dismissed because the matter was considered moot. After the initial petition was revoked, another employer filed a new H-1B petition for the beneficiary, which was approved. As the beneficiary already secured H-1B status, there was no longer a live controversy to adjudicate.
Criteria Discussed
Mootness
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(b)(6) ! DATE: FEB 2 7 2015 INRE: Petitioner: Beneficiary: U.S. Department of Homeland Security U.S. Citizenship and Immigration Services Administrative Appeals Office (Ai\0) 20 Massachusetts Ave .. N.W .. MS 2090 Washington. DC 20529-2090 U.S. Citizenship and Immigration Services OFFICE: CALIFORNIA SERVICE CENTER FILE: PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act, 8 U.S.C. ยง 1101(a)(15)(H)(i)(b) ON BEHALF OF PETITIONER: INSTRUCTIONS: Enclosed please find the decision of the Administrative Appeals Office (AAO) in your case. This is a non-precedent decision. The AAO does not announce new constructions of law nor establish agency policy through non-precedent decisions. If you believe the AAO incorrectly applied current law or policy to your case or if you seek to present new facts for consideration, you may file a motion to reconsider or a motion to reopen, respectively. Any motion must be filed on a Notice of Appeal or Motion (Form 1-2908) within 33 days of the date of this decision. Please review the Form I-290B instructions at http://www.uscis.gov/forms for the latest information on fee, filing location, and other requirements. See also 8 C.F.R. ยง 103.5. Do not file a motion directly with the AAO. \ berg \ /hief, Administrative Appeals Office u www.uscis.gov (b)(6) NON-PRECEDENT DECISION Page 2 DISCUSSION: The nonimmigrant visa petition was denied by the service center director and the matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be dismissed as the matter is now moot. The petitioner submitted a Petition for a Nonimmigrant Worker (Form I-129) to the California Service Center. In the Form I-129 visa petition, the petitioner describes itself as enterprise engaged in information technology (IT)/software consulting development, with thirteen employees, that was established in The petitioner sought to classify the beneficiary as a nonimmigrant worker in a specialty occupation pursuant to section 101 ( a)(15)(H)(i)(b) of the Immigration and Nationality Act, 8 U.S.C. ยง 1101(a)(15)(H)(i)(b). The petition was approved; however, thereafter, the director revoked the approval of the petition on notice. On appeal, the petitioner asserts that the director's grounds for revocation were erroneous and contends that it satisfied all evidentiary requirements. A review of U.S. Citizenship and Immigration Services (USCIS) records indicates that subsequent to the revocation of the petition, another employer filed a Form I-129 petition seeking nonimmigrant H-1B classification on behalf of the beneficiary. USCIS records further indicate that this other employer's petition was approved. Because the beneficiary in the instant petition has been approved for H-1B employment with another petitioner, further pursuit of the matter at hand is moot. ORDER: The appeal is dismissed.
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