dismissed H-1B

dismissed H-1B Case: Medicine

📅 Date unknown 👤 Company 📂 Medicine

Decision Summary

The appeal was dismissed because the issue was considered moot. Subsequent to the denial of the petition under appeal, the petitioner filed another H-1B petition for the same beneficiary, which was approved. Since the beneficiary had already been approved for the H-1B employment, the AAO found no reason to proceed with the appeal of the initial denial.

Criteria Discussed

Not specified

View Full Decision Text

MATTER OF F-IPSM-S-, LLC 
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, an inpatient medical practice company, seeks to employ the Beneficiary as a 
hospitalist 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. 
§ 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 August 
12, 2015, subsequent to the denial of the instant petition, the Petitioner filed another Form I-129 
seeking nonimmigrant H-1B classification on behalf of the Beneficiary. USCIS records further 
indicate that this other petition was approved on August 24, 2015. Because the Beneficiary in 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 of F-IPSM-S-, LLC, ID# 13951 (AAO Sept. 14, 20 15)

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