dismissed H-1B

dismissed H-1B Case: Unknown

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ 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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View Full Decision Text
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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