dismissed
EB-1A
dismissed EB-1A Case: Sciences
Decision Summary
The appeal was dismissed because the case was deemed moot. Subsequent to filing this petition, the petitioner was granted adjustment of status to lawful permanent residency based on a different approved petition (an employment-based second preference petition).
Criteria Discussed
Sustained National Or International Acclaim
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US. Department of Homeland Security 20 Mass. Ave., N.W., Rm. A3042 Washington, DC 20529 U.S. Citizenship and Immigration F 6 f ,+ FILE: Office: VERMONT SERVICE CENTER Date: 2 8 2005 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. 5 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. \3 / Robert P. Wiemann, Director /- Administrative Appeals Office DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Vermont Service Center, and is now before the Administrative Appeals Office on appeal. The appeal will be dismissed. The petitioner seeks classification as an employment-based immigrant pursuant to section 203(b)(l)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 1153(b)(l)(A), as an alien with extraordinary ability in the sciences. The director determined the petitioner had not established the sustained national or international acclaim requisite to classification as an alien with extraordinary ability. Review of CIS records indicates that, subsequent to filing the instant petition, the petitioner was granted adjustment of status to lawful permanent residency on April 22,2005 on the basis of an approved petition for classification as a second preference employment-based immigrant. Because the alien has adjusted to lawful permanent resident status, further pursuit of the matter at hand is moot. ORDER: The appeal is dismissed, based on the alien's adjustment to lawful permanent resident status.
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