dismissed H-1B

dismissed H-1B Case: Unknown

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Unknown

Decision Summary

The appeal was dismissed because the matter was deemed moot. Subsequent to the initial denial, a new H-1B petition for the same beneficiary and end-client was submitted and approved, rendering further pursuit of the appeal unnecessary.

Criteria Discussed

Mootness

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View Full Decision Text
U.S. Citizenship 
and Immigration 
Services 
In Re: 5260531 
Appeal of California Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: NOV. 24, 2020 
The Petitioner seeks to employ the Beneficiary temporarily under the H-lB 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 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 denied the petition. Upon de nova review, we will dismiss the 
appeal as the matter is now moot.1 
A review of U.S. Citizenship and Immigration Services (USCIS) records indicates that on a date 
subsequent to the denial of the instant petition, a new H-lB petition was submitted on behalf of the 
Beneficiary to work for the same end-client. USCIS records further indicate that this new petition was 
approved. Because the Beneficiary in the instant petition has been approved for H-lB employment at 
the same location and for the same end-client based upon the filing of another petition, further pursuit 
of the matter at hand is moot. 
ORDER: The appeal is dismissed. 
1 We note that the Petitioner failed to properly complete the Form 1-290B, Notice of Appeal or Motion, Part 4, Section B, 
regarding the Petitioner's Contact Information. The regulation at 8 C.F.R. ยง 103.2(a)(I) states, in pertinent part: 
Every benefit request or other document submitted to DHS must be executed and filed in accordance with the 
form instructions ... and such instructions are incorporated into the regulations requiring its submission. 
The form instructions clearly state that "[i]f you are completing Section B as an authorized signatory of a business or 
organization, you must also provide your full legal name and title." 
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