dismissed
H-1B
dismissed H-1B Case: Unknown
Decision Summary
The appeal was dismissed as abandoned. The AAO sent a letter to the petitioner to verify their intent to pursue the appeal, but the petitioner failed to respond within the permitted time.
Criteria Discussed
Abandonment
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U.S. Citizenship and Immigration Services In Re: 6865144 Appeal of California Service Center Decision Form 1-129, Petition for Nonimmigrant Worker (H-lB) Non-Precedent Decision of the Administrative Appeals Office Date : APR. 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 filed an appeal with our office, asserting that the Director's decision was erroneous. We will dismiss the appeal. U.S. Citizenship and Immigration Services (USCIS) records indicate that after the denial of the instant petition, another entity 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 )( l 3)(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)(l3)(i) .
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