dismissed
EB-1A
dismissed EB-1A Case: Sciences
Decision Summary
The appeal was dismissed because it was determined to be moot. The beneficiary had already adjusted to lawful permanent resident status through a different, approved immigrant petition, making further consideration of this appeal unnecessary.
Criteria Discussed
Sustained National Or International Acclaim
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1dentifyi.ng data deleted toted ent clear I)' unw~ ::'00 ofpersotUU ~ PUBLtCCOpy FILE: INRE: Petitioner: Beneficiary: U.S. Department of Homeland Security U,S. Citizenship and Immigration Services Administrative Appeals Office (AAO) 20 Ma~sachLLsetts Ave., N.W., MS 2090 Washington, DC 20529-2090 U.S. Citizenship and Immigration Services Office TEXAS SERVICE CENTER Date: MAR 1 0 2.011 PETITION: Immigrant Petition for Alien Worker as an Alien of Extraordinary Ability Pursuant to Section 203(b)( I )(A) of the Immigration and Nationality Act, 8 u.s.c. ยง 1153(b)( I )(A) ON BEHALF OF PETITIONER: INSTRUCTIONS: Enclosed please find the decision of the Administrative Appeals Office in your case. All of the documents related to this matter have been returned to the office that originally decided your case. Please be advised that any further inquiry that you might have concerning your case must be made to that office. If you believe the law was inappropriately applied by us in reaching our decision, or you have additional information that you wish to have considered, you may file a motion to reconsider or a motion to reopen. The specific requirements for filing such a request can be found at 8 C.F.R. ยง 103.5. All motions must be submitted to the office that originally decided your case by filing a Form 1-290B, Notice of Appeal or Motion, with a fee of $630. Please be aware that 8 C.F.R. ยง I 03.5(a)( I lei) requires that any motion must be filed within 30 days of the decision that the motion seeks to reconsider or reopen. Thank you, ~lLu.-'>~ q~rry Rhew\J C Chief, Administrative Appeals Office www.uscis.gov Page 2 DISCUSSION: The Director, Texas 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. The petitioner seeks classification as an "alien of extraordinary ability" in the sciences, pursuant to section 203(b)(I)(A) of the Immigration and Nationality Act (the Act), 8 U.S.c. ยง II53(b)(1)(A). The director determined the petitioner had not established the sustained national or international acclaim necessary to qualify for classification as an alien of extraordinary ability. Review of U.S. Citizenship and Immigration Services (USCIS) records indicates that the filed another Fon]] 1-140 petition under a lesser classification, with receipt [JUI[Ju'el USCIS records further indicate that the director, Nebraska Service Center, approved the second petition on October 2, 2009. The alien subsequently filed a Form 1-485 Application to Adjust Status, receipt which was approved on January 28, 2010. 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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