dismissed EB-1A

dismissed EB-1A Case: Business

📅 Date unknown 👤 Individual 📂 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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