dismissed
H-1B
dismissed H-1B Case: 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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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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