dismissed H-1B

dismissed H-1B Case: Unknown

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

Decision Summary

The appeal was dismissed as abandoned. The AAO issued a Notice of Intent to Dismiss (NOID), but the Petitioner failed to respond within the allotted timeframe.

Criteria Discussed

Abandonment Failure To Respond To Notice Of Intent To Dismiss (Noid)

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View Full Decision Text
U.S. Citizenship 
and Immigration 
Services 
In Re : 4553132 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : MAR . 30, 2020 
The Petitioner sought 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 Director of the Vermont Service Center denied the Form 1-129, Petition for a Nonimmigrant 
Worker. On appeal, the Petitioner asserts that the Director erred by denying the petition. We will 
dismiss the appeal. 
On February 13, 2020, we issued a notice of intent to dismiss (NOID) advising the Petitioner of our 
intent to deny the petition. Although the notice informed the Petitioner it bad 33 days in which to 
respond to the notice, we have not received a response within the allotted timeframe . We may deny a 
benefit request as abandoned, deny it based on the record, or deny it for both reasons if a petitioner 
does not respond to a request for evidence or a notice of intent to deny by the required date . 8 C.F .R. 
ยง 103.2(b)(13)(i) . Therefore, we will dismiss the appeal as abandoned because the Petitioner did not 
respond to our request within the time permitted. 
ORDER: The appeal is dismissed as abandoned pursuant to 8 C.F.R. ยง 103.2(b)(13). 
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