dismissed H-1B

dismissed H-1B Case: Unknown

📅 Date unknown 👤 Company 📂 Unknown

Decision Summary

The Director initially denied the petition, finding the Beneficiary did not qualify for an H-1B extension beyond the six-year maximum period of admission. The AAO dismissed the appeal as moot because the Petitioner had since filed a subsequent H-1B petition on behalf of the Beneficiary which was approved.

Criteria Discussed

H-1B Maximum Period Of Admission Mootness

View Full Decision Text

U.S. Citizenship 
and Immigration 
Services 
In Re: 19712744 
Appeal of California Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : MAR . 8, 2022 
The Petitioner seeks to temporarily employ the Beneficiary under the H-IB nonimmigrant 
classification for specialty occupations . See Immigration and Nationality Act (the Act) section 
10l(a)(l5)(H)(i)(b), 8 U.S.C. § 110l(a)(l5)(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 California Service Center denied the Form 1-129, Petition for a Nonimmigrant 
Worker, concluding that the Beneficiary does not qualify for an extension of H-1 B employment 
beyond the maximum period of authorized admission of six years. The matter is now before us on 
appeal. On appeal, the Petitioner submits a brief and additional evidence , and asserts that the Director 
erred in denying the petition. We will dismiss the appeal. 
U.S . Citizenship and Immigration Services records indicate that the Petitioner filed a subsequent 
petition seeking nonimmigrant H-1B classification on behalf of the Beneficiary, and that the petition 
was approved. Because the Beneficiary of the instant petition has been approved for H-lB 
employment with the Petitioner, the matter is now moot. 
ORDER: The appeal is dismissed.

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