dismissed
EB-1A
dismissed EB-1A Case: Unknown
Decision Summary
The appeal was dismissed as moot. The petitioner had already adjusted to lawful permanent resident status through a different, subsequently approved immigrant petition, which rendered the appeal of this denied petition irrelevant.
Criteria Discussed
Not specified
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U.S. Department of Homeland Security iae~i;; ~28 u,& &dew 20 Mass. Ave., N.W.. Rm. A3042 Washington, DC 20529 pmVm*a@y ~1,7i~appmw U. S. Citizenship ;usd Immigration c FILE: ""FfiK WAC 01 283 533 13 Office: CALIFORNIA SERVICE CENTER Date: 8 f LSb, ud 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. fj 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 cided your case. Any further inquiry must be made to that office. j Administrative Appeals Office WAC 01 283 53313 Page 2 DISCUSSION: The preference visa petition was denied by the Director, California 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. $ 1153(b)(l)(A), as an alien of extraordinary ability. The director determined the petitioner had not established the sustained national or international acclaim necessary to qualifL for classification as an alien of extraordinary ability. Review of Citizenship and Immigration Services (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 WAC 02 254 50190. CIS records further indicate that the second petition was approved on February 26, 2003. The alien subsequently filed a Form 1-485 Application to Adjust Status, receipt number WAC 03 136 5081 1, which was approved on July 28, 2004.' 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. 1 The petitioner adjusted status after, in response to a query from this office, he declined to withdraw the appeal based on the approval of another Form 1-140 petition. We emphasize that this notice is not an acknowledgement of a withdrawal, which has not occurred, but a dismissal due to the petitioner's subsequent adjustment of status.
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