dismissed H-1B

dismissed H-1B Case: Unknown

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ 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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View Full Decision Text
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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