dismissed
EB-1A
dismissed EB-1A Case: Sciences
Decision Summary
The appeal was dismissed because the case was considered moot. After filing the initial petition, the petitioner filed another petition under a different classification which was approved, and they subsequently adjusted their status to lawful permanent resident, rendering the appeal unnecessary.
Criteria Discussed
Sustained National Or International Acclaim
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U.S. Department of Homeland Security 20 Mass. Ave., N.W., Rm. A3042 Washington, DC 20529 rderntifjing data delc(ed @ U. S. Citizenship and Immigration mdcrrb- hradondprwsrlpd- PUBLIC COW ,$FA '"f FILE: Office: VERMONT SERVICE CENTER Date: WI u ti ~uub EAC 03 138 52455 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 1 153(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. U hobert P. Wiemann, Director Administrative Appeals Office Page 2 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 of extraordinary ability in the sciences. 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 CIS records indicates that, subsequent to filing the instant petition, the petitioner filed another Form 1-140 petition under a lesser classification, with receipt number EAC 05 124 50203. CIS records further indicate that the second petition was approved on April 28,2005. The petitioner concurrently filed a Form 1-485 Application to Adjust Status, receipt number EAC 05 124 50221, which was approved on the same date. 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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