dismissed
H-1B
dismissed H-1B Case: Unknown
Decision Summary
The petitioner's counsel requested to withdraw the H-1B petition after the director had already issued a decision. Although regulations preclude withdrawal at this stage, the request renders the petition subject to automatic revocation. Because the withdrawal request was received before the AAO issued its appeal decision, the issues were considered moot and the appeal was dismissed.
Criteria Discussed
Withdrawal Of Petition Mootness
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(b)(6) U.S. Department of Homeland Security U.S. Citizenship and Immigration Services Administrative Appeals Office (AAO) 20 Massachusetts Ave., N.W., MS 2090 Washington, DC 20529-2090 U.S. Citizenship and Immigration Services DATE: MAR 0 3 '2015 OFFICE: VERMONT SERVICE CENTER FILE: IN RE: Petitioner: Beneficiary: PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act, 8 U.S.C. ยง 1101(a)(15)(H)(i)(b) ON BEHALF OF PETITIONER: INSTRUCTIONS: This is the decision in your case. All documents have been returned to the office that originally decided your case. Please be advised that any further inquiry that you might have concerning your case must be made to that office. ๏ฟฝ๏ฟฝ Ron Rosenberg Chief, Administrative Appeals Office www.uscis.gov (b)(6) NON-PRECEDENT DECISION Page 2 DISCUSSION: The service center director denied the nonimmigrant visa petition, and the matter is now before the Administrative Appeals Office on appeal. In letters received on February 23, 2015, counsel for the petitioner states that the petitioner "withdraws sponsorship of the underlying H-lB visa petition" and requests that the petition be withdrawn. The regulation at 8 C.F.R. ยง 103.2(b)(6), however, precludes this, because U.S. Citizenship and Immigration Services has already issued a decision on the visa petition. Notwithstanding this provision, even if the grounds of ineligibility in this matter were to be overcome on appeal, this request to withdraw the petition now renders it subject to immediate and automatic revocation without prior notice. See 8 C.F.R. ยง 214.2(h)(ll)(ii). Therefore, as the request to withdraw the original petition was received before the issuance of our decision in this matter, the issues in this proceeding are now moot, and the appeal will be dismissed on this basis. ORDER: The appeal is dismissed as moot.
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