dismissed
H-1B
dismissed H-1B Case: Information Technology
Decision Summary
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact as the basis for the appeal. The AAO also noted that the case was moot because the beneficiary had already been approved for H-1B status through a different petitioning employer.
Criteria Discussed
Failure To Identify Specific Error Of Law Or Fact
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U.S. Citizenship and Immigration Services MATTER OF T-C-, INC. APPEAL OF VERMONT SERVICE CENTER DECISION Non-Precedent Decision of the Administrative Appeals Office DATE: NOV. 10,2015 PETITION: FORM I-129, PETITION FORA NONIMMIGRANT WORKER The Petitioner, an IT consulting business, seeks to employ the Beneficiary as a programmer analyst and classify her as a nonimmigrant worker in a specialty occupation pursuant. See 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, Vermont Service Center, revoked the petition. The matter is now before us on appeal. The appeal will be summarily dismissed. The Petitioner submitted the Form I-290B, Notice of Appeal or Motion, and marked box "c" at "Part 3. Information About the Appeal or Motion" to indicate that no supplemental brief and/or additional evidence will be submitted. With the appeal, the Petitioner submitted a letter stating, "Please note, no brief and/or additional evidence is being submitted with this appeal." Accordingly, the record of proceeding is deemed complete as currently constituted. The regulation at 8 C.F.R. ยง 103.3(a)(l)(v) states in pertinent part: "An officer to whom an appeal is taken shall summarily dismiss any appeal when the party concerned fails to identify specifically any erroneous conclusion of law or statement of fact for the appeal." In the instant case, the Petitioner has not specifically identified any erroneous conclusion of law or a statement of fact as a basis for the appeal; thus, the appeal is summarily dismissed. 1 ORDER: The appeal is summarily dismissed pursuant to 8 C.F.R. ยง103.3(a)(l)(v). Cite as Matter ofT-C-, Inc., ID# 14415 (AAO Nov. 10, 2015) 1 We further note that according to U.S. Citizenship and Immigration Services (USC IS) records, on March 4, 2015, subsequent to the denial of the instant petition, another employer filed the Form 1-129, Petition for a Nonimmigrant Worker, seeking nonimmigrant H-I B classification on behalf ofthe Beneficiary. USC IS records further indicate that this other employer's petition was approved on June II, 2015. Because the Beneficiary in the instant petition has been approved for H-1 B employment with another petitioner, further pursuit of the matter at hand is moot. As the appeal will be summarily dismissed, we will not discuss any additional deficiencies we observe in the record of proceeding.
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