dismissed H-1B

dismissed H-1B Case: Information Technology

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Information Technology

Decision Summary

The appeal was dismissed because the issue was considered moot. After the initial denial, the petitioner filed a subsequent H-1B petition for the same beneficiary which was approved, making the pursuit of the current appeal unnecessary.

Criteria Discussed

Mootness

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View Full Decision Text
MATTER OF 0-, INC. 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 14, 2015 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a software development and information technology services company, seeks to 
employ the Beneficiary as a systems analyst and to classify him as a nonimmigrant worker in a 
specialty occupation. 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, denied the 
petition. The matter is now before us on appeal. The appeal will be dismissed. 
U.S. Citizenship and Immigration Services (USCIS) records indicate that on April 13, 2015, a date 
subsequent to the denial of the instant petition, the Petitioner filed another Form I-129 seeking 
nonimmigrant H -1 B classification on behalf of the Beneficiary. USC IS records further indicate that 
this petition was approved on May 7, 2015. We sent a letter to the Petitioner requesting verification 
of its intent to pursue the appeal on July 1, 2015, and have not received a response. 
Because the Beneficiary of the instant petition has been approved for H-1B employment with the 
Petitioner, further pursuit of the matter at hand is moot. 
ORDER: The appeal is dismissed. 
Cite as Matter ofO-, Inc., ID# 13057 (AAO Sept. 14, 2015) 
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