dismissed H-1B

dismissed H-1B Case: Software Engineering

📅 Date unknown 👤 Company 📂 Software Engineering

Decision Summary

The appeal was dismissed as abandoned because the Petitioner did not respond to the AAO's request to verify its intent to pursue the appeal. The AAO noted that a subsequent H-1B petition for the same beneficiary had already been approved, suggesting the petitioner no longer needed to pursue this case.

Criteria Discussed

Beneficiary Qualifications Abandonment

View Full Decision Text

MATTER OF M~._ _ ____. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: OCT. 31, 2019 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner , ____________________ seeks to temporarily employ 
the Beneficiary as a "software engineer" under the H-lB nonimmigrant classification for specialty 
occupations. See Immigration and Nationality Act (the Act) section 101(a)(15)(H)(i)(b), 8 U.S.C. § 
1101(a)(15)(H)(i)(b). The H-lB program allows a U.S. employer to temporarily employ a qualified 
foreign worker in a position that requires both (a) the theoretical and practical application of a body 
of highly specialized knowledge and (b) the attainment of a bachelor's or higher degree in the specific 
specialty (or its equivalent) as a minimum prerequisite for entry into the position. 
The Director of the California Service Center denied the petition, concluding that the Beneficiary was 
not qualified to perform the services of a specialty occupation. On appeal, the Petitioner submits a 
brief and asserts that the Director's decision was erroneous. 
U.S. Citizenship and Immigration Services (USCIS) records indicate that after the instant petition was 
filed, the Petitioner filed another petition seeking nonimmigrant H-1 B classification on behalf of the 
Beneficiary. USCIS records further indicate that the other petition was approved. We sent a letter to 
the Petitioner requesting verification of its intent to pursue this appeal, and have not received a 
response. A benefit request may be denied as abandoned, denied based on the record, or denied for 
both reasons if a petitioner does not respond to a request for evidence or a notice of intent to deny by 
the required date. 8 C.F.R. § 103.2(b)(13)(i). Therefore, the appeal will be dismissed as abandoned 
because the Petitioner did not respond to our request within the time permitted. 
ORDER: The appeal is dismissed as abandoned pursuant to 8 C.F.R. § 103.2(b)(13). 
Cite as Matter ofM-LJID# 4689585 (AAO Oct. 31, 2019)

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