dismissed
H-1B
dismissed H-1B Case: Software Development
Decision Summary
The appeal was dismissed because the matter was considered moot. The beneficiary had already been approved for H-1B employment with another employer, and the petitioner did not respond to a request to verify its intent to pursue the appeal.
Criteria Discussed
Mootness
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U.S. Citizenship and Immigration Services MATTER OF 0-S- LLC. Non-Precedent Decision of the Administrative Appeals Office DATE: DEC. 17,2015 APPEAL OF CALIFORNIA SERVICE CENTER DECISION PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, an advanced software development and consulting firm, seeks to temporarily employ the Beneficiary as a "systems engineer" under the H-1B nonimmigrant classification. See Immigration and Nationality Act (the Act) ยง 101(a)(15)(H)(i)(b), 8 U.S.C. ยง 1101(a)(15)(H)(i)(b). The Director, California Service Center, denied the petition. The matter is now before us on appeal. The appeal will be dismissed. U.S. Citizenship and Immigration Services (USCIS) records indicate that on August 25, 2015, another employer filed a Form I-129 seeking nonimmigrant H-1B classification on behalf of the Beneficiary. USCIS records further indicate that this petition was approved on September 3, 2015. We sent a letter to the Petitioner requesting verification of its intent to pursue this appeal on October 29, 2015, and have not received a response. Because the Beneficiary of the instant petition has been approved for H -1 B employment with another employer, further pursuit of the matter at hand is moot. ORDER: The appeal is dismissed. Cite as Matter of O-S- LLC, ID# 13833 (AAO Dec. 17, 2015)
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