dismissed
H-1B
dismissed H-1B Case: Software Development
Decision Summary
The appeal was dismissed because the matter was deemed moot. USCIS records showed that the beneficiary had already adjusted his status to that of a lawful permanent resident, rendering the nonimmigrant visa petition unnecessary.
Criteria Discussed
Mootness
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(b)(6) V.S. Department of Homeland Security U.S. Citizenship and Immigration Service Administrative Appeals Office (AAO) 20 Massachusetts Ave., N.W., MS 2090 Washington, DC 20529-2090 U.S. Citizenship and Immigration Services DATE: FEB 0 6 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 1-2908 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, Cf!!:��ppeals Office www. uscis.gov (b)(6) Page 2 DISCUSSION: The service center director denied the nonimmigrant visa petition and the matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be dismissed, as the matter is moot. On the Form I-129 visa petition, the petitioner describes itself as a 105-employee software and development company established in 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 December 20, 2013. U.S. Citizenship and Immigration Services (USCIS) records indicate that the beneficiary adjusted his status to that of a lawful permanent resident on September 3, 2014. While the petitioner has not withdrawn the appeal, it appears as though the beneficiary is presently a lawful permanent resident of the United States and that the issues in this proceeding are therefore moot. Accordingly, the appeal will be dismissed. ORDER: The matter is dismissed as moot.
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