dismissed H-1B

dismissed H-1B Case: Unknown

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Unknown

Decision Summary

The appeal was dismissed because the issue was rendered moot. After the initial petition was denied, the petitioner filed a new H-1B petition on behalf of the same beneficiary, which was subsequently approved.

Criteria Discussed

Labor Condition Application Mootness

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View Full Decision Text
U.S. Citizenship 
and Immigration 
Services 
In Re : 10898676 
Appeal of Texas Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : OCT . 2, 2020 
The Petitioner seeks to extend the Beneficiary's temporary employment under the H-lB nonimrnigrant 
classification for specialty occupations. See 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 Texas Service Center Director denied the petition for issues related to the labor condition 
application. The matter is now before us on appeal. Upon de nova review, we will dismiss the appeal 
as the matter is now moot. 
A review of U.S. Citizenship and Immigration Services (USCIS) records indicates that on a date 
subsequent to the denial of the instant petition, the Petitioner submitted a new Form 1-129 on behalf 
of the Beneficiary . USCIS records further indicate that this new Form 1-129 was approved . Because 
the Beneficiary in the instant petition has been approved for H-lB 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. 
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