dismissed
H-1B
dismissed H-1B Case: Unknown
Decision Summary
The appeal was dismissed as moot. The AAO found that the petitioner had filed a duplicate appeal that previously addressed the grounds for the denial, making further pursuit of the current appeal unnecessary.
Criteria Discussed
Specialty Occupation Mootness Duplicate Appeal Filing
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U.S. Citizenship and Immigration Services In Re: 10469421 Appeal of Vermont Service Center Decision Form 1-129, Petition for Nonimmigrant Worker (H-18) Non-Precedent Decision of the Administrative Appeals Office Date: SEPT. 8, 2020 The Petitioner seeks to temporarily employ the Beneficiary under the H-18 nonimmigrant 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 Vermont Service Center Director denied the petition, concluding that the Petitioner did not establish that the proffered position is a specialty occupation. On appeal, the Petitioner asserts that the Director erred and the Petitioner has established eligibility for this benefit. The matter is now before us on appeal. We will dismiss the appeal as moot. U.S. Citizenship and Immigration Services records indicate that after filing the instant appeal, the Petitioner filed a duplicate Form 1-2908, Notice of Appeal or Motion. The regulations do not permit the filing of multiple simultaneous appeals from a single decision. As the grounds for the denial were previously addressed in the duplicate filing , further pursuit of the matter at hand would be moot. ORDER: The appeal is dismissed.
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