dismissed H-1B Case: Information Technology

U.S. Citizenship 
and Immigration 
Services 
MATTER OF A-S- CORP. 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAY 17, 2016 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, an information technology company, seeks to temporarily employ the Beneficiary as 
a ··computer systems engineer" under the H -1 B nonimmigrant classification for specialty 
occupations. See Immigration and Nationality Act (the Act) section 101(a)(l5)(H)(i)(b), 8 U.S.C. 
§ 1101(a)(15)(H)(i)(b). The H-IB 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, denied the petition. The Director concluded that the 
proffered position did not qualify as a specialty occupation. The matter is now before us on appeal. 
In its appeal, the Petitioner submits additional evidence and asserts that the Director erred by 
concluding that the proffered position did not qualify as a specialty occupation. We will dismiss the 
appeal. 
U.S. Citizenship and Immigration Services (USCIS) records indicate that on October 5, 2015, 
another employer filed a petition seeking nonimmigrant H-1 B classification on behalf of the 
Beneficiary. USCIS records further indicate that the other petition was approved on 
November 5. 2015. We sent a letter to the Petitioner requesting verification of its intent to pursue 
this appeal on March 11, 2016, and have not received a response. 
Because the Beneficiary of the instant petition has been approved for H-IB employment with 
another employer, further pursuit of the matter at hand is moot and the appeal will be dismissed. 
The appeal is also summarily dismissed because the Petitioner did not respond to our request within 
the time permitted. 8 C.F.R. § 103.2(b)(14); 8 C.F.R. § 103.2(b)(l3)(i). 
ORDER: The appeal is dismissed. 
Cite as Matter of A-S- Corp., ID# 16837 (AAO May 17, 2016)