dismissed H-1B

dismissed H-1B Case: Veterinary Medicine

📅 Date unknown 👤 Organization 📂 Veterinary Medicine

Decision Summary

The appeal was dismissed because the underlying issue became moot. While the appeal was pending, the beneficiary adjusted their status to that of a lawful permanent resident, rendering the nonimmigrant H-1B petition unnecessary.

Criteria Discussed

Six-Year Limitation On H-1B Stay Exception To The Six-Year Limit

View Full Decision Text

U.S. Citizenship 
and Immigration 
Services 
MATTER OF L-
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: AUG. 31,2016 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
\ 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a university, seeks to temporarily employ the Beneficiary as a veterinary resident under 
the H-1B nonimmigrant classification for specialty occupations. See Immigration and Nationality Act 
(the Act) section 101(a)(15)(H)(i)(b), 8 U.S.C. § 1101(a)(15)(H)(i)(b). The H-1B 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, California Service Center, denied the petition. The Director concluded: (1) that the 
Beneficiary had been in the United States for more than six years in H or L nonimmigrant status; and 
(2) that the Petitioner had not demonstrated that the Beneficiary is eligible for an exception from the 
usual six-year limitation on stay in such status. 
The matter is now before us on appeal. In its appeal, the Petitioner again asserts that the Beneficiary 
is eligible for an exception to the six-year limit on stay in H or L nonimmigrant status. 
A review of the records of U.S. Citizenship and Immigration Services (USCIS) indicates that this 
Beneficiary is also the beneficiary of an approved immigrant petition and has adjusted status to that 
of a lawful permanent resident as of April 27, 2016. While the Petitioner has not withdrawn the 
appeal in this proceeding, it would appear that the Beneficiary is presently a permanent resident and 
the issues in this proceeding are moot. Therefore, this appeal will be dismissed. 
ORDER: The appeal is dismissed. 
Cite as Matter ofL-, ID# 10180 (AAO Aug. 31, 2016)

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