dismissed H-1B

dismissed H-1B Case: Unknown

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ 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visa petition" and requests that the petition be withdrawn.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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