dismissed H-1B

dismissed H-1B Case: Information Technology

📅 Date unknown 👤 Company 📂 Information Technology

Decision Summary

The appeal was dismissed as moot because another employer's H-1B petition for the same beneficiary had already been approved. The petitioner in this case did not respond to an AAO inquiry to verify its intent to continue pursuing the appeal.

Criteria Discussed

Beneficiary Qualifications Specialty Occupation

View Full Decision Text

U.S. Citizenship
and Immigration
Services
MATTER OF 1-S-, INC.
Non-Precedent Decision of the
Administrative Appeals Office
DATE: NOV. 13, 2015
APPEAL OF CALIFORNIA SERVICE CENTER DECISION
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER
The Petitioner, an information technology services firm, seeks to temporarily employ the Beneficiary
as a "Business Analyst" under the H-1B nonimmigrant classification. See Immigration and
Nationality Act (the Act) § 101(a)(l5)(H)(i)(b), 8 U.S.C. § 1101(a)(l5)(H)(i)(b). The Director,
California Service Center, denied the petition. The matter is now before us on appeal. The appeal
will be dismissed.
The Director denied the petition and affirmed that decision on motion, finding in both instances that
the Petitioner had not established that the Beneficiary was qualified to perform the specialty
occupation position that the Petitioner claimed the proffered position to be. On appeal, the Petitioner
contends that the Director's basis for denying the petition was erroneous and that the Petitioner
satisfied all evidentiary requirements for qualifYing the Beneficiary under the controlling
regulations.
A review of U.S. Citizenship and Immigration Services (USCIS) records indicates that on April 13,
2015, a date subsequent to the denial of the instant petition, another employer filed a Form 1-129
petition seeking H-1B nonimmigrant classification on behalf of the Beneficiary. USCIS records
further indicate that this other employer's petition was approved on July 20, 2015. We sent a letter
to the Petitioner requesting verification of its intent to pursue the appeal on August 4, 2015, and have
not received a response.
Because the Beneficiary in the instant petition has been approved for H-1B employment with
another petitioner, further pursuit of the matter at hand is moot.
ORDER: The appeal is dismissed.
Cite as Matter of I-S-, Inc., ID# 12639 (AAO Nov. 13, 2015)

Using this case in a petition? Let MeritDraft draft the argument →

Avoid the mistakes that led to this denial

MeritDraft learns from dismissed cases so your petition avoids the same pitfalls. Get arguments built on winning precedents.

Avoid This in My Petition →

No credit card required. Generate your first petition draft in minutes.