dismissed
EB-1A
dismissed EB-1A Case: Unknown
Decision Summary
The motion to reopen and reconsider was dismissed because the matter was moot. The beneficiary had already adjusted to lawful permanent resident status through a separate petition, which was approved while this appeal was pending.
Criteria Discussed
Not specified
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DATE: OCT 23 2012 IN RE: Petitioner: Beneficiary: Office: TEXAS SERVICE CENTER U.S. Department of Homeland Securit)' U.S. Citizenship and immigration Services Administrative Appeals Otlice (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)( I leA) of the Immigration and Nationality Act, 8 U.S.C. ยง 1153(b)( I )(A) ON BEHALF OF PETITIONER: SELF-REPRESENTED 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. Thank you, p;Z?~ r-- Perry Rhew Chief, Administrative Appeals Office www.uscis.gov Page 2 DISCUSSION: The Director, Texas Service Center, denied the employment-based immigrant visa petition on July 20, 2010. The petitioner appealed the decision and, on February 23, 2012, the Administrative Appeals Office (AAO) dismiss,~d the appeal. The matter is now before the AAO on a motion to reopen and a motion to reconsider. The motion to reopen and motion to reconsider will be dismissed. The petitioner seeks classification as an "alien of extraordinary ability" pursuant to section 203(b)(1)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. ยง I I 53(b)(1)(A). Review of U.S. Citizenship and Immigration Services (USCIS) records indicates that, subsequent to tiling the instant petition, the petitioner filed another Form 1-140 petition under a different classification, with receipt number The alien filed Form 1-485 Application to Register Permanent Residence or Adjust Status, receipt number which was approved on June I, 2012. Because the alien has adjusted to lawful pennanent resident status, further pursuit of the matter at hand is moot. ORDER: The motion to reopen and the motion to reconsider are dismissed, based on the alien's adjustment to lawful permanent resident status.
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