dismissed
H-1B
dismissed H-1B Case: Sales
Decision Summary
The appeal was dismissed because the matter was considered moot, as a separate H-1B petition for the same beneficiary and petitioner had already been approved. The appeal was also summarily dismissed because the petitioner failed to respond to the AAO's request to verify their intent to pursue the appeal.
Criteria Discussed
Mootness Failure To Respond
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MATTER OF S-N-A- LP Non-Precedent Decision of the Administrative Appeals Office DATE: DEC. 29,2016 APPEAL OF CALIFORNIA SERVICE CENTER DECISION PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, a "training and sales of PPE equipment" business, seeks to temporarily employ the Beneficiary as a sales and training manager under the H-1B nonimmigrant classification for specialty occupations. See Immigration and Nationality Act (the Act) section 10l(a)(l5)(H)(i)(b), 8 U.S.C. § 110l(a)(l5)(H)(i)(b). The H-lB program allows a U.S. employer to temporarily employ a qualified foreign worker in a position that requires both (a) the theoretical and practical application of a body of highly specialized knowledge and (b) the attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum prerequisite for entry into the position. The Director, California 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 the Petitioner tiled another Form I-129 seeking H-lB nonimmigrant classification on behalfofthe Beneficiary. USCIS records further indicate that this other petition was approved for the period October 11, 2016, to January 25, 2019. We sent a letter to the Petitioner requesting verification of its intent to pursue this appeal on November 17, 2016, and have not received a response. Because the Beneficiary of the instant petition has been approved for H-1 B employment with the Petitioner, further pursuit of the matter at hand is moot. The appeal is also summarily dismissed for failure to respond to our request within the time permitted. 8 C.F.R. § 103.2(b)(14); 8 C.F.R. § 1 03.2(b )(13)(i). ORDER: The appeal is dismissed. Cite as Matter qfS-N-A- LP, ID# 56335 (AAO Dec. 29, 2016)
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