dismissed H-1B

dismissed H-1B Case: Software Development

📅 Date unknown 👤 Company 📂 Software Development

Decision Summary

The appeal was dismissed as moot. A new petition for the same beneficiary was filed by the petitioner and subsequently approved, granting the beneficiary H-1B status. Therefore, the AAO determined that further pursuit of the appeal was unnecessary.

Criteria Discussed

Specialty Occupation

View Full Decision Text

(b)(6)
U.S. Citizenship 
and Immigration 
Services 
MATTER OF S-I-, INC. 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: OCT. 1, 2015 
PETITION: FORM 
I-129, PETITION FOR NONIMMIGRANT WORKER 
The Petitioner , a "Software Development and Solutions" fitm, in order to continue to employ the 
Beneficiary in what it designates as a "Software Programmer" position, seeks 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. 
The instant visa petition was submitted on November 7, 2014. The Director denied the petition, 
finding that (1) the evidence is insufficient to establish that the proffered position qualifies for 
classification as a specialty occupation position, and (2) the Petitioner did not establish eligibility at 
the time of filing the visa petition. On appeal, the Petitioner asserts that the Director ' s basis for 
denial was erroneous and contends that it satisfied all evidentiary requirements. 
A review of U.S. Citizenship and Immigration Services (USCIS) records indicates that on March 2, 
2015, 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. US CIS records further 
indicate that this other petition was approved on March 11, 2015, which granted the Beneficiary 
H-1B status from March 11, 2015 to April 30, 2016. Because the Beneficiary in the instant petition 
has been approved for H-1 B employment with the Petitioner based upon the filing of another 
petition, further pursuit of the matter at hand is moot. The appeal will therefore be dismissed. 
ORDER: The appeal is dismissed. 
Cite as Matter ofS-1-, Inc. , ID# 14454 (AAO Oct. 1, 2015)

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