dismissed H-1B Case: Unknown

U.S. Citizenship 
and Immigration 
Services 
In Re: 19622403 
Appeal of California Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : DEC . 23, 2021 
The Petitioner seeks to temporarily employ the Beneficiary under the H-IB nonimmigrant 
classification for specialty occupations . See Immigration and Nationality Act (the Act) section 
10l(a)(l5)(H)(i)(b), 8 U.S.C. § 110l(a)(l5)(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 California Service Center Director approved the petition filed on the Beneficiary's behalf but 
denied the Beneficiary 's request to change her nonimmigrant status from F-1 to H-lB, finding the 
evidence of record insufficient to establish that the Beneficiary maintained her nonirnmigrant status . 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence. 
Section 291 of the Act; Matter of Chawathe, 25 I&N Dec. 369, 375 (AAO 2010). We review the 
questions in this matter de nova. See Matter of Christo 's Inc., 26 I&N Dec. 537, 537 n.2 (AAO 2015) . 
Upon de nova review, we will reject the appeal. 
The Form 1-129 consists of separate benefit requests. 1 As it pertains to the matter at hand, the two 
benefit requests are: (1) the petition to classify the employment offer as appropriate for the H-lB 
1 These functions previously required two to three separate filings depending upon whether a change of status was being 
requested : one by the petitioner (Form I-129H) and the others by the beneficiary (Fonns I-506 and I-539) . For example , 
the regulations on January 1, 1991 provided that a petitioner "shall file a petition in duplicate on Form I-129H with the 
service center which has jurisdiction over I-129H petitions in the area where the alien will perform services or receive 
training or as further prescribed in this section ." 8 C.F.R. § 214.2(h)(2)(i)(A) (1991) . Further , the 1991 regulations 
required applications for a change of status or visa classification to be submitted by the nonimmigrant alien on Form I- 506, 
Applicant for Change of Nonimmigrant Status, filed with the district director having jurisdiction over the place of 
employment if changing to Hor L status. 8 C.F.R . § 248.3(a) and (b) (1991). In addition , the 1991 regulations provided 
that "[a]n alien ... shall apply for an extension of stay on Form I-539 .. . . [E]ach alien seeking an extension of stay 
generally must execute and submit a separate application for extension of stay to the district office having jurisdiction over 
the alien 's place of temporary residence in the United States." 8 C.F.R. § 214.l(c)(l) (1991). In implementing the 
Immigration Act of 1990, Pub. L. No. 101-649, 104 Stat. 4978 , these functions were combined into one form (Form 1-129) 
to process the separate requests more efficiently . See 56 Fed . Reg. 61111 (Dec. 2, 1991); 56 Fed . Reg. 61201, 61204 
(Dec. 2, 1991). 
category (the basis for classification); and (2) an application for the procedural benefit relevant to the 
Beneficiary's authorized stay in the United States (a beneficiary's change of status to the H-1B 
nonimmigrant status and an extension of stay). 2 
The regulation at 8 C.F.R. § 248.3 states, in pertinent part: 
(a) Requests by petitioners. A petitioner must submit a request for a change of status to 
... H-1B ... nonimmigrant. 
(g) Denial of application. When the application is denied, the applicant shall be notified 
of the decision and the reasons for the denial. There is no appeal from the denial of the 
application under this chapter. 
In other words, 8 C.F.R. § 248.3(g) specifically forbids an appeal from a denial of a change of status 
request, and consequently we must reject the appeal for this reason alone. In addition, our authority 
to adjudicate appeals was delegated by the Secretary of the Department of Homeland Security (DHS) 
pursuant to the authority vested in him through the Homeland Security Act of 2002, Pub. L. 107-296. 
See DHS Delegation Number 0150.1 (effective March 1, 2003); see also 8 C.F.R. § 2.1 (2003). We 
exercise appellate jurisdiction over the matters described at 8 C.F.R. § 103. l(f)(3)(iii) (as in effect on 
Feb. 28, 2003). Appeals from denials of requests for change of status are not listed as matters over 
which we exercise jurisdiction, and we must reject the appeal for this reason as well. 3 
ORDER: The appeal is rejected. 
2 See Form T-129 instructions found at: https://www.uscis.gov/sites/default/files/document/forms/i- l 29instr.pdf Page five 
of the instructions lists the different uses of the Form T-129 including the one at issue which is a request to "[ c ]hange the 
status and extend the stay of beneficiaries who are now in the United States in another status." 
3 As noted in the Director's decision, "[i]fyou disagree with this decision, you may file a motion to reopen or reconsider 
with a Notice of Appeal or Motion (Form I-290B) within 30 days (33 days ifby mail) of the date of this decision." The 
Petitioner could have filed a motion to reopen or reconsider with the Director. 
2