dismissed
H-1B
dismissed H-1B Case: Information Technology
Decision Summary
The appeal was dismissed because the issue was considered moot. After the initial petition was denied, the petitioner filed a new petition for the same beneficiary which was subsequently approved, granting the beneficiary H-1B status and making a decision on the appealed case unnecessary.
Criteria Discussed
Not specified
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(b)(6) U.S. Citizenship and Immigration Services MATTER OF R-, INC APPEAL OF VERMONT SERVICE CENTER DECISION Non-Precedent Decision of the Administrative Appeals Office DATE: FEB. 11,2016 PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, an information technology and software services firm, seeks to employ the Beneficiary as a "Software Developer" under the H -1 B nonimmigrant classification. See Immigration and Nationality Act (the Act) ยง 101(a)(15)(H)(i)(b), 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. A review of U.S. Citizenship and Immigration Services (USCIS) records indicates that on May 21, 2015, a date subsequent to the denial of the instant petition, the Petitioner submitted a new Form I-129 , on behalf of the Beneficiary. USCIS records further indicate that this other petition was approved, which granted the Beneficiary H-1B status from June 11, 2015, until November 21, 2016. Because the Beneficiary of the instant petition has been approved for H-1B 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 of R-, Inc, ID# 16547 (AAO Feb. 11, 2016)
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