dismissed H-1B

dismissed H-1B Case: Information Technology

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Information Technology

Decision Summary

The appeal was dismissed because the matter was rendered moot. The beneficiary had already adjusted their status to that of a lawful permanent resident, making further pursuit of the nonimmigrant visa petition unnecessary.

Criteria Discussed

Lca Compliance Worksite Location Mootness Adjustment Of Status

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View Full Decision Text
(b)(6)
DATE: JUl 3 1 2015 
INRE: Petitioner: 
Beneficiary: 
PETITION RECEIPT #: 
U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
Administrative Appeals Office 
20 Massachusetts Ave., N.W., MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
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: 
NO REPRESENTATIVE OF RECORD 
Enclosed is the non-precedent decision of the Administrative Appeals Office (AAO) for your case. 
If you believe we incorrectly decided your case, you may file a motion requesting us to reconsider our 
decision and/or reopen the proceeding. The requirements for motions are located at 8 C.F.R. ยง 103.5. 
Motions must be filed on a Notice of Appeal or Motion (Form I-290B) within 33 days of the date of this 
decision. The Form I-290B web page (www.uscis.gov/i-290b) contains the latest information on fee, filing 
location, and other requirements. Please do not mail any motions directly to the AAO. 
Thank you, 
Ron Rosenberg 
Chief, Administrative Appeals Office 
www.uscis.gov 
(b)(6)
NON-PRECEDENT DECISION 
Page 2 
DISCUSSION: The Director, Vermont Service Center, initially approved the nonimmigrant visa 
petition. In response to new evidence, the Director issued a Notice of Intent to Revoke, and 
ultimately did revoke the approval of the petition. The matter is now before the Administrative 
Appeals Office on appeal. The appeal will be dismissed as the matter is now moot. 
On the Petition for a Nonimmigrant Worker (Form 1-129), the petitioner describes itself as a 
47-employee "Information Technology Services" firm established in In order to continue to 
employ the beneficiary in what it designates as a "Systems Analyst" position, the petitioner seeks to 
classify him as a nonimmigrant worker m a specialty occupation pursuant to section 
101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 
ยง 1101(a)(15)(H)(i)(b). 
The Director revoked approval of the visa petition finding that the petitioner had violated the terms 
and conditions of the approved visa petition. More specifically, the Director found that the record 
does not establish that the petitioner employed the beneficiary at the location for which the Labor 
Condition Application (LCA) is certified. On appeal, the petitioner submits a new LCA and 
additional documentation. 
A review of the records of U.S. Citizenship and Immigration Services indicates that the beneficiary 
applied for adjustment of status on February 8, 2015, and that he adjusted status to that of a lawful 
permanent resident on July 27, 2015. Because the beneficiary is presently a lawful permanent 
resident, further pursuit of the matter at hand is moot. Therefore, this appeal is dismissed. 
ORDER: The appeal is dismissed as moot. 
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