dismissed H-1B

dismissed H-1B Case: Unknown

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

Decision Summary

The appeal was dismissed as moot. U.S. Citizenship and Immigration Services records indicated that the petitioner had filed a subsequent H-1B petition on behalf of the same beneficiary, and that petition was approved, rendering the current appeal without practical effect.

Criteria Discussed

Beneficiary Qualifications Mootness

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View Full Decision Text
U.S. Citizenship 
and Immigration 
Services 
In Re: 11876559 
Appeal of California Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : OCT . 16, 2020 
The Petitioner seeks to temporarily employ the Beneficiary under the H-IB nonimmigrant 
classification for specialty occupations . 1 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 California Service Center Director denied the petition, concluding that the Petitioner had not 
established that the Beneficiary is qualified to perform the position . On appeal, the Petitioner asserts 
that the Director erred and the Beneficiary is qualified to perform the duties of the position. The matter 
is now before us on appeal. We will dismiss the appeal as moot. 
U.S. Citizenship and Immigration Services records indicate that the Petitioner filed a subsequent Form 
1-129, Petition for a Nonimmigrant Worker, seeking nonirnmigrant H-lB 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 
Petitioner, further pursuit of the matter at hand would be moot. 
ORDER: The appeal is dismissed. 
1 See Immigration and Nationality Act (the Act) section 10l(a)(l5)(H)(i)(b) , 8 U.S.C. ยง l 101(a)(l5)(H)(i)(b). 
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