dismissed H-1B Case: Software Consulting

(b)(6)
U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
Admi1iistrative Appeals Office (AAO) 
20 Massachusetts Ave., N.W., MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
DATE: JAN 0 2 2015 OFFICE: VERMONT SERVICE CENTER FILE: 
IN RE: Petitioner: 
Beneficiary: 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 101(a) (15)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. § 1101(a)(15)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office (AAO) in your case. 
This is a non-precedent decision. The AAO does not announce new constructions of law nor establish agency 
policy through non-precedent decisions. If you believe the AAO incorrectly applied current law or policy to 
your case or if you seek to present new facts for consideration, you may file a motion to reconsider or a 
motion to reopen, respectively. Any motion must be filed on a Notice of Appeal or Motion (Form I-290B) 
within 33 days of the date of this decision. Please review the Form I-290B instructions at 
http://www.uscis.gov/forms for the latest information on fee, filing location, and other requirements. 
See also 8 C.F.R. § 103.5. Do not file a motion directly with the AAO. 
Thank you, 
�� 
Ron Rosenberg 
Chief, Administrative Appeals Office 
www.uscis.gov 
(b)(6)
NON-PRECEDENT DECISION 
Page 2 
DISCUSSION: The service center director denied the nonimmigrant visa petition that is now 
before the Administrative Appeals Office on appeal. The appeal will be dismissed as the matter is 
now moot. 
On the Form I-129 visa petition, the petitiOner describes itself as a 40-employee "Product 
[D]evelopment and [S]oftware Consulting" firm established in 2006. In order to employ the 
beneficiary in what it designates as a Programmer Analyst position, the petitioner seeks to classify 
him as a nonimmigrant worker in a specialty occupation pursuant to 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 denied the petition on August 9, 2012, finding that the petitioner failed to demonstrate a 
"valid employer-employee relationship in a specialty occupation" and, therefore, the petitioner does 
not meet the definition of a United States employer as that term is defined at 8 C.F.R. 
§ 214.2(h)(4)(ii). 
A review of U.S. Citizenship and Immigration Services (USCIS) records indicates that on 
September 26, 2014, a date subsequent to the denial of the instant petition, the petitioner submitted a 
new Form I-129, receipt number on behalf of the beneficiary. USCIS records 
further indicate that this other petition was approved on October 7, 2014. Because the beneficiary in 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. The petition is denied.