dismissed
H-1B
dismissed H-1B Case: Unknown
Decision Summary
The appeal was dismissed as abandoned because the Petitioner failed to respond to a request from the AAO to verify its intent to pursue the appeal. This was done after USCIS records showed that another H-1B petition for the same beneficiary had already been approved.
Criteria Discussed
Abandonment
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U.S. Citizenship and Immigration Services In Re: 8230011 Appeal of California Service Center Decision Form 1-129, Petition for Nonimmigrant Worker Non-Precedent Decision of the Administrative Appeals Office Date : WL Y 6, 2020 The Petitioner seeks to temporarily employ the Beneficiary under the H-IB nonirnrnigrant classification for specialty occupations . See Immigration and Nationality Act (the Act) section 10l(a)(l5)(H)(i)(b), 8 U.S.C. ยง l 10l(a)(l5)(H)(i)(b). The Director of the California Service Center denied the petition . The Petitioner appealed the Director's decision, asserting that the Director erred, and that the evidence supports an approval of the petition. We will dismiss the appeal. U.S. Citizenship and Immigration Services (USCIS) records indicate that after the instant petition was filed, another petitioner filed a petition seeking nonimmigrant H-lB 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. ยง 103.2(b)(l3)(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. ยง 103 .2(b )(l 3)(i).
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