dismissed EB-1A

dismissed EB-1A Case: Unknown

📅 Date unknown 👤 Individual 📂 Unknown

Decision Summary

The appeal was dismissed because the case was rendered moot. The beneficiary had already adjusted to lawful permanent resident status through a separate, subsequently filed and approved immigrant petition.

Criteria Discussed

Not specified

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View Full Decision Text
(b)(6)
.. ---··------, -- _..,.._ 
DATE: 
·APR 2 2 2013 
Office: TEXAS S~RVICE CENTER 
INRE: Petitioner: 
Beneficiary: 
U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
. Administrative Appeals Office (AAO) 
20 Massachusetts Ave., N.W., MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
FILE: 
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. § 1153(b)(l)(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 tha~ you might have concerning your case must be made to that office. 
· If you believe the AAO inappropriately applied the law in reaching its decision, cir you have additional 
infonnation that you wish to have oonsidered, you may file a motion to reconsider or a· motion to reopen in 
accordance with the instructions on Fonn I-290B, Notice of Appeal or Motion, with a fee of $630. The 
specific requirements for filing such a motion c~n be found at 8 C.F.R. § 103.5. Do not file any motion 
directly with the AAO. Please be aware· that 8 c:F.R. § 103.5(a)(l)(i) requires any motion to be filed within 
30 days of th~ decision that the motion seeks to· reconsider or reopen. 
, Thank you, 
, ~<~ 
Ron Rosenberg 
Acting Chief, Administrative Appeals Office 
wWw.uscis.g~v 
;.). · ~ 
. I 
Page2 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Texas 
Service Center, and is now before the Admi.njstrative Appeals Office (AAO) on appeal. The appeal 
will be dismissed. 
The petitioner seeks to classify the beneficiary as an emplo}ment:-based immigrant pursuant to section 
203(b)(1)(A) of the Inimigration and Nationality Act (the Act), 8 U.S:C. § 1153(b)(1)(A), as an alien of 
extraordinary ability. Tiie director determined the petitioner had not established the sustairied 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, subsequenUo 
filing the instant petition; the petitioner filed another Form 1-140 petition under another employment­
based classification, with receipt number l · USCIS records further indicate that the 
second petition was· ai:>Proved on Novemb~r 30, 2012. A Form 1-485 Application to Adjust Status, 
receipt ntnnber was subsequently approved on December 17, 2012. Because the 
beneficiary has adjusted to lawful permanent resident status, further pursuit of the matter at hand is 
moot. 
ORDER: 
status. 
The appeal is dismissed, based on the alien's adjustment to lawful permanent resident 
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