dismissed H-1B Case: Information Technology

MATTER OF P-T-G~..._____, 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: OCT. 30, 2019 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitione _.._ ________________ ___, seeks to temporarily employ the 
Beneficiary as a "technical architect" under the H-lB nonimmigrant classification for specialty 
occupations. See Immigration and Nationality Act (the Act) section 101(a)(15)(H)(i)(b), 8 U.S.C. 
§ 1101(a)(15)(H)(i)(b). The H-lB 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 of the California Service Center denied the petition , concluding that the record does not 
establish that (1) the Petitioner will have an employer-employee relationship with the Beneficiary , and 
(2) the proffered position qualifies as a specialty occupation. On appeal , the Petitioner asserts that the 
Director erred in denying the petition. 
U.S. Citizenship and Immigration Services records indicate that a different employer subsequently 
filed an H-lB petition on behalf of the Beneficiary , which has been approved. We sent a letter to the 
Petitioner requesting verification of its intent to pursue this appeal and did not receive a response 
within the allotted timeframe. A benefit request may be denied as abandoned , denied based on the 
record , or denied for both reasons if a petitioner does not respond to a request for evidence or a notice 
of intent to deny by the required date. 8 C.F.R. § 103.2(b)(l3)(i) . Therefore , the appeal will be 
dismissed as abandoned because the Petitioner did not respond to our request within the time 
permitted. 
ORDER: The appeal is dismissed as abandoned pursuant to 8 C.F.R. § 103.2(b)(13)(i). 
Cite as Matter of P-T-G□ ID# 4535336 (AAO Oct. 30, 2019)