dismissed
EB-1A
dismissed EB-1A Case: Business
Decision Summary
The appeal was dismissed as moot. The petitioner had filed a second petition under the same classification which was subsequently approved, and had already adjusted their status to lawful permanent resident, rendering a decision on this appeal unnecessary.
Criteria Discussed
Not specified
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U.S. Department of Holneland Security , I--. U S C~t~zensh~p and lmm~grat~on Serv~ces identifying data deleted to Oj$ce ofAdmrnrstratrve Appeals, MS 2090 prevent clearly unwarranted Washington, DC 20529-2090 invasion of personal privacy Office: VERMONT SERVICE CENTER Date: SEP 2 4 2009 EAC 03 135 52476 IN RE: PETITION: Immigrant Petition for Alien Worker as an Alien of Extraordinary Ability Pursuant to Section 203(b)(l)(A) of the Immigration and Nationality Act, 8 U.S.C. 8 1153(b)(l)(A) ON BEHALF OF PETITIONER: INSTRUCTIONS: This is the decision of the Administrative Appeals Office in your case. All documents have been returned to the office that originally decided your case. Any further inquiry must be made to that office. If you believe the law was inappropriately applied or you have additional information that you wish to have considered, you may file a motion to reconsider or a motion to reopen. Please refer to 8 C.F.R. 5 103.5 for the specific requirements. All motions must be submitted to the office that originally decided your case by filing a Form I-290B, Notice of Appeal or Motion, with a fee of $585. Any motion must be filed within 30 days of the decision that the motion seeks to reconsider or reopen, as required by 8 C.F.R. fj 103.5(a)(l)(i). @!Adl?k r Jo n F. Grissom Acting Chief, Administrative Appeals Office DISCUSSION: The Director, Vermont Service Center, denied the employment-based immigrant visa petition, which is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be dismissed as moot. The petitioner seeks classification as an "alien of extraordinary ability" in business, pursuant to section 203(b)(l)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 1153(b)(l)(A). The director determined the petitioner had not established the sustained national or international acclaim necessary to qualifL for classification as an alien of extraordinary ability. Review of U.S. Citizenship and Immigration Services (USCIS) records indicates that, subsequent to filing the instant petition, the beneficiary filed another Form 1-140 petition under the same classification, with receipt number EAC-06-017-50422. USCIS records further indicate that the second petition was approved on August 4, 2006. The alien concurrently filed a Form 1-485 Application to Adjust Status, receipt number EAC-06-017-50432, which was approved on August 14, 2006. Because the alien has adjusted to lawful permanent resident status, further pursuit of the matter at hand is moot. ORDER: The appeal is dismissed as moot, based on the alien's adjustment to lawfid permanent resident status.
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