dismissed H-1B

dismissed H-1B Case: Information Technology

📅 Date unknown 👤 Company 📂 Information Technology

Decision Summary

The appeal was dismissed as moot. The decision was not based on the merits of the case, but rather on the fact that the Beneficiary had already adjusted their status to that of a lawful permanent resident, making the H-1B petition no longer necessary.

Criteria Discussed

Employer-Employee Relationship

View Full Decision Text

MATTER OF G-C-&S-, LLC 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: OCT.19,2015 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, an IT solutions provider, seeks to employ the Beneficiary as a biostatistician and to 
classify her as a nonimmigrant worker in a specialty occupation. See Immigration and Nationality Act 
(the Act) § 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 
1101 ( a)(15)(H)(i)(b ). The Director, Vermont Service Center, denied the petition. The matter is now 
before us on appeal. 
The Director denied the petition finding that the evidence of record did not establish that the 
Petitioner will be a "United States employer" having an employer-employee relationship with the 
Beneficiary as an H -1 B temporary employee. On appeal, the Petitioner asserts that the Director's 
basis for denial was erroneous and contends that it satisfied all evidentiary requirements. 
A review of the record of U.S. Citizenship and Immigration Services indicates that the Beneficiary 
adjusted status to that of a lawful permanent resident on September 16, 2015. Because the 
Beneficiary is presently a lawful permanent resident, further pursuit of the matter at hand is moot. 
ORDER: The appeal is dismissed. 
Cite as Matter ofG-C-&S-, LLC, ID# 14230 (AAO Oct. 19, 2015)

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