dismissed H-1B

dismissed H-1B Case: Software Engineering

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Software Engineering

Decision Summary

The Director revoked the initially approved petition after the payment for filing fees was not honored by the Petitioner's financial institution. The appeal was dismissed as moot because the Petitioner had already filed another H-1B petition for the same beneficiary, which had been approved, rendering the current matter unnecessary to pursue.

Criteria Discussed

Filing Fees Mootness

Sign up free to download the original PDF

View Full Decision Text
U.S. Citizenship 
and Immigration 
Services 
In Re: 13355837 
Appeal of California Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker (H-1B) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : FEB. 16, 2021 
The Petitioner, an on-line payment services company, seeks to temporarily employ the Beneficiary as 
an "software engineer 2" under the H-1B nonimmigrant classification for specialty occupations . 
Immigration and Nationality Act (the Act) section 101(a)(15)(H)(i)(b), 8 U.S.C. 
ยง 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 initially approved the petition . However , the Director 
later revoked the approval because payment for the associated filing fees was not honored by the 
Petitioner's financial institution. On appeal, the Petitioner asserts that the Director erred in her 
decision and did not follow the proper filing fee processing procedures prior to revocation. 
U.S. Citizenship and Immigration Services records indicate that the Petitioner filed another Form 
1-129, Petition for a Nonimmigrant Worker , seeking the same nonimmigrant classification on behalf 
of the Beneficiary, and that the petition was approved. Because the Beneficiary has been approved 
for H-1B employment with the Petitioner, further pursuit of the matter at hand is moot. 
ORDER: The appeal is dismissed. 
Using this case in a petition? Let MeritDraft draft the argument →

Avoid the mistakes that led to this denial

MeritDraft learns from dismissed cases so your petition avoids the same pitfalls. Get arguments built on winning precedents.

Avoid This in My Petition →

No credit card required. Generate your first petition draft in minutes.