dismissed
EB-1B
dismissed EB-1B Case: Research
Decision Summary
The appeal was dismissed as moot. The petitioner requested to withdraw the petition after the director's initial denial but before the AAO issued a decision on the appeal. This request to withdraw rendered the issues in the proceeding moot.
Criteria Discussed
Not specified
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(b)(6) Date: NOV 1 8 2014 Office: TEXAS SERVICE CENTER INRE : Petitioner : Beneficiary: U.S. Department of Homeland Security U.S. Citizenshi p a nd Immigra tion Services Office of Administrative Appeals 20 Massa chus etts Ave., N.W .. MS 2090 Washington . DC 20529-2090 U.S. Citizenship and Immigration Services FILE: PETlTION: Immigrant Petition for Alien Worker as Outstanding Professor or Researcher Pursuant to Section 203(b)(l)(B) ofthe Immigration and Nationality Act , 8 U.S.C. Β§ 1153(b)(I)(B) ON BEHALF OF PETITIONER: INSTRUCTIONS: Enclosed please find the decision of the Administrative Appeals Office (AAO) in your case. This is a nonΒ precedent decision. The AAO does not announce new constructions of law nor establish agency policy through non-precedent decisions. DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Texas Service Center on March 7, 2014 . The matter is now before the AAO on appeal. On September 29, 2014 , the petitioner, through counsel , requested that the petition be withdrawn. The regulation at 8 C.F.R. Β§ 103.2(b)(6) , however , indicates that an application or petition may not be withdrawn once a decision is issued by U.S. Citizenship and Immigration Services. Notwithst anding this provision , even if the grounds of ineligibility in this matter were to be overcome on appe al, this reque st to withdraw the petition now renders it subject to automatic revocation without prior notice . See 8 C.F.R. Β§ 205.1 (a)(J)(iii)(C). Therefore , as the request to withdraw the original petition was received before the issuance ofthe AAO's decision in this matter, the issues in this proceeding are now moot, and the appeal will be dismiss ed on this basis. www.uscis.gov (b)(6) NON-PRE CEDENT DECISJQj Page 2 ORDER: The appeal is dismissed as moot. Thank you, !.ferg Chief, Administrative Appeals Office
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