dismissed H-1B

dismissed H-1B Case: Information Technology

📅 Date unknown 👤 Company 📂 Information Technology

Decision Summary

The appeal was dismissed as moot because a subsequent H-1B petition filed by the same petitioner for the same beneficiary had already been approved. This approval granted the beneficiary H-1B status, rendering the appeal of the initial denial unnecessary.

Criteria Discussed

Mootness

View Full Decision Text

MATTER OFT- LLC 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: NOV. 10,2015 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, an information technology services firm, seeks to temporarily employ the Beneficiary 
as a "computer programmer" under the H-1B nonimmigrant classification. See Immigration and 
Nationality Act (the Act) § 101(a)(15)(H)(i)(b), 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 appeal 
will be dismissed. 
A review of U.S. Citizenship and Immigration Services (USCIS) records indicates that on September 
3, 2015, a date subsequent to the denial oftheinstant petition, the Petitioner submitted a new Form 
I-129, Petition for a Nonimmigrant Worker, on the Beneficiary's behalf. USCIS records further 
indicate that this second petition was approved on November 3, 2015, which granted the Beneficiary 
H-1B status from November 3, 2015 until January 4, 2018. Because the Beneficiary in the instant 
petition has been approved for employment with the Petitioner based upon the filing of another 
petition, further pursuit of the matter at hand is moot. 
ORDER: The appeal is dismissed. 
Cite as Matter ofT- LLC, ID# 14383 (AAO Nov. 10, 2015)

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