dismissed
H-1B
dismissed H-1B Case: 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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(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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