remanded H-1B Case: Computer Science

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the 
Administrative Appeals Office 
MATTER OF C-T-S-U.S. CORP. DATE: NOV. 5, 2015 
MOTION OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a computer and software consultancy firm, seeks to employ the Beneficiary as a senior 
systems analyst and to classifY him as a nonimmigrant worker in a specialty occupation. See 
Immigration and Nationality Act (the Act)§ 101(a)(l5)(H)(i)(b) ofthe Immigration and Nationality Act 
(the Act), 8 U.S.C. § 1101(a)(15)(H)(i)(b). The Director, California Service Center, denied the petition. 
Thereafter, the Petitioner submitted a Form I-290B, Notice of Appeal or Motion. The Petitioner 
marked box "F" in Part 2 to indicate that it was filing a combined motion to reopen and reconsider 
an unfavorable service center decision. The file was forwarded to this office for adjudication. 
However, we do not have jurisdiction over motions filed on service center decisions; that jurisdiction 
rests with the office that denied the petition. See 8 C.F.R. § 103.5(a)(1)(ii) (stating that the official 
with jurisdiction over a motion "is the official who made the latest decision in the proceeding"). 
The office having jurisdiction over the motion that you submitted is therefore the California Service 
Center. As your motion was forwarded to our office in error, we are returning all documents related 
to this matter to the Director, California Service Center, for review and issuance of a decision on the 
motion. 1 Accordingly, please make any further inquiries to that office? 
Finally, please note that the filing of a motion does not stay the Director's decision or extend the 
Beneficiary's previously set departure date. 8 C.F.R. § 103.5(a)(l)(iv). 
ORDER: The matter is remanded to the Director, California Service Center, for further 
proceedings consistent with the foregoing opinion and for the entry of a decision. 
Cite as Matter ofC-T-S-US. Corp., ID# 16112 (AAO Nov. 5, 2015) 
1 If the decision on your motion is unfavorable, the Director, California Service Center, will issue a notice explaining the 
reason(s) for the unfavorable decision and, if applicable, how to file an appeal with our office. 
2 A review of U.S. Citizenship and Immigration (USC IS) records indicates that subsequent to the denial of the petition, 
the Petitioner filed another Form l-129 seeking nonimmigrant H-1 8 classification on behalf of the Beneficiary. USC IS 
records further indicate that the petition was approved.