dismissed H-1B

dismissed H-1B Case: Software Development

📅 Date unknown 👤 Company 📂 Software Development

Decision Summary

The appeal was dismissed as moot. After the initial petition was denied, the petitioner filed a new petition for the same beneficiary, which was approved. Because the beneficiary had already been granted the requested H-1B status, further pursuit of the appeal was deemed unnecessary.

Criteria Discussed

Mootness Employer-Employee Relationship

View Full Decision Text

MATTER OF A-T- INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 21, 2015 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, an advanced software development company, seeks to classify the Beneficiary as a 
nonimmigrant worker in a specialty occupation. See§ 101(a)(15)(H)(i)(b) ofthe Immigration and 
Nationality Act (the Act), 8 U.S.C. § 1101(a)(15)(H)(i)(b). The Director, California Service Center, 
denied the petition on February 18, 2015, finding that the Petitioner had not established an 
employer-employee relationship with the Beneficiary. The matter is now before us on appeal. The 
appeal will be dismissed. 
A review of U.S. Citizenship and Immigration Services (USCIS) records indicates that on March 6, 
2015, a date subsequent to the denial of the instant petition, the Petitioner submitted a new Form I-129 
on the beneficiary's behalf. USCIS records further indicate that this second petition was approved on 
June 5, 2015, which granted the Beneficiary H-1B status from June 5, 2015 until December 8, 2016. 
Because the Beneficiary in the instant petition has been approved for 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. 
Cite as Matter of A-T-, Inc., ID# 14043 (AAO Sept. 21, 2015)

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