dismissed EB-1A

dismissed EB-1A Case: Unknown

๐Ÿ“… Date unknown ๐Ÿ‘ค Individual ๐Ÿ“‚ 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

Sign up free to download the original PDF

View Full Decision Text
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. 
Using this case in a petition? Let MeritDraft draft the argument →

Avoid the mistakes that led to this denial

MeritDraft learns from dismissed cases so your petition avoids the same pitfalls. Get arguments built on winning precedents.

Avoid This in My Petition →

No credit card required. Generate your first petition draft in minutes.