dismissed H-1B Case: Software Development

U.S. Citizenship 
and Immigration 
Services 
MATTER OF 6DT-, INC. 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: OCT. 7, 2015 
PETITION: I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a telecom software development company, seeks to employ the Beneficiary as a 
software architect and to classify her as a nonimmigrant worker in a specialty occupation. See 
Immigration and Nationality Act (the Act) § 101 (a)(15)(H)(i)(b ), 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. 
The Director denied the petition, determining that the evidence of record did not establish: ( 1) the 
requisite employer-employee relationship between the Petitioner and the Beneficiary; and (2) that 
the proffered position qualifies for classification as a specialty occupation. 
A review of U.S. Citizenship and Immigration Services' (USCIS) records indicates that, subsequent to 
the filing of the instant petition, another employer filed a Form I -129 petition seeking nonimmigrant 
H-1B classification on the Beneficiary's behalf. USCIS records further indicate that this other 
employer's petition was approved, which granted the Beneficiary H-1B classification from October 13, 
2014 until October 4, 2015. 
On July 1, 2015, this office notified the Petitioner that the Beneficiary had been approved for H-1B 
employment with another employer and requested verification that it wished to pursue this appeal. 
The Petitioner did not respond to our request within the time period designated or thereafter. If a 
petitioner does not respond to a notice by the required date, the benefit request may be summarily 
denied as abandoned, denied based on the record, or denied for both reasons. See 8 C.P.R. 
§ 103 .2(b )(13 )(i). 
As the petitioner did not respond to our notice, the benefit request is summarily denied as 
abandoned. Moreover, we note that because the Beneficiary in the instant petition has been approved 
for employment with another petitioner, it appears that further pursuit of the matter at hand is moot. 
ORDER: The appeal is dismissed. 
Cite as Matter of6DT-, Inc., ID# 11823 (AAO Oct. 7, 2015)