dismissed
H-1B
dismissed H-1B Case: Unknown
Decision Summary
The appeal was dismissed as abandoned because the Petitioner failed to respond to an AAO request to verify its intent to pursue the appeal. The AAO noted that a subsequent H-1B petition for the same beneficiary had already been approved, suggesting the appeal was moot.
Criteria Discussed
Abandonment Specialty Occupation
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U.S. Citizenship and Immigration Services In Re: 7605290 Appeal of Vermont Service Center Decision Form I-129, Petition for Nonimmigrant Worker (H-lB) Non-Precedent Decision of the Administrative Appeals Office Date : MAR. 12, 2020 The Petitioner seeks to temporarily employ the Beneficiary under the H-IB nonimrnigrant 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 Director of the Vermont Service Center denied the petition, concluding that the evidence of record does not establish that the proffered position qualifies as a specialty occupation. On appeal, the Petitioner asserts that the Director erred and the evidence supports an approval of the petition . We will dismiss the appeal. U.S. Citizenship and Immigration Services (USCIS) records indicate that after the denial of the instant petition, the Petitioner filed another petition seeking nonimrnigrant H-lB classification on behalf of the Beneficiary. USCIS records further indicate that the other petition was approved. We sent a letter to the Petitioner requesting verification of its intent to pursue this appeal, and have not received a response. A benefit request may be denied as abandoned , denied based on the record, or denied 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)(l3)(i). Therefore , the appeal will be dismissed 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)(i).
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