dismissed H-1B

dismissed H-1B Case: Software Engineering

📅 Date unknown 👤 Company 📂 Software Engineering

Decision Summary

The appeal was dismissed because the matter was considered moot. The Petitioner had filed another H-1B petition for the same Beneficiary, and that subsequent petition was approved, making the current appeal unnecessary.

Criteria Discussed

Employer-Employee Relationship Specialty Occupation

View Full Decision Text

U.S. Citizenship 
and Immigration 
Services 
InRe: 4831412 
Appeal of Vermont Service Center Decision 
Form I-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: FEB. 28, 2020 
The Petitioner seeks to temporarily employ the Beneficiary as a "software quality 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 Vermont Service Center Director denied the petition, concluding that the Petitioner did not 
establish an employer-employee relationship with the Beneficiary and did not establish that the 
Beneficiary will be employed in a specialty occupation . 
U.S. Citizenship and Immigration Services records indicate that the Petitioner filed another Form 
I-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-lB employment with the Petitioner , further pursuit of the matter at hand is moot. 
ORDER: The appeal is dismissed.

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