dismissed
EB-1A
dismissed EB-1A Case: 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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(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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