dismissed EB-1C Case: Banking

Identifying data deleted to 
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US. Department of Homeland Security 
U. S. Citizensh~p and lmmigration Services 
Office ofAdministrative Appeals MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
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Office: TEXAS SERVICE CENTER Date: APR 0 3 2009 
SRC 07 800 23456 
PETITION: 
 Immigrant Petition for Alien Worker as a Multinational Executive or Manager Pursuant to 
Section 203(b)(l)(C) of the Immigration and Nationality Act, 8 U.S.C. § 1153(b)(l)(C) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
the office that originally decided your case. Any further inquiry must be made to that office. 
If you believe the law was inappropriately applied or you have additional information that you wish to have 
considered, you may file a motion to reconsider or a motion to reopen. Please refer to 8 C.F.R. $ 103.5 for 
the specific requirements. All motions must be submitted to the office that originally decided your case by 
filing a Form I-290B, Notice of Appeal or Motion, with a fee of $585. Any motion must be filed within 30 
days of the decision that the motion seeks to reconsider, as required by 8 C.F.R. 103.5(a)(l)(i). 
John F. Grissom 
Acting Chief, Administrative Appeals Office 
DISCUSSION: The preference visa petition was denied on April 18, 2008 by the Director, Texas 
Service Center. The petitioner subsequently filed an appeal with the Administrative Appeals Office 
(AAO). The AAO will neither affirm nor overturn the director's decision. Rather, the appeal will be 
dismissed as moot. 
The petitioner is a multinational banking institution that seeks to hire the beneficiary as its support 
systems consultant. Accordingly, the petitioner endeavors to classify the beneficiary as an 
employment-based immigrant pursuant to section 203(b)(l)(C) of the Immigration and Nationality 
Act (the Act), 8 U.S.C. § 1153(b)(l)(C), as a multinational executive or manager. The director 
denied the petition based on the finding that the petitioner failed to submit evidence in support of the 
Form 1-140, which was electronically filed with U.S. Citizenship and Immigration Services (USCIS) 
on July 27,2007. 
A review of the USCIS records indicates that the petitioner subsequently filed another Form 1-140 (with 
receipt no. -!, which was approved on March 6,2009. The AAO further notes that the 
April 2009 Visa Bulletin indicates that the employment-based first preference visa categories are 
current. As such, the earlier priority date of July 27,2007 is not currently an issue. Furthermore, there 
is no indication that the beneficiary has dependents who are reliant on the earlier priority date. While 
the petitioner has not withdrawn the appeal in this proceeding, it would appear that the issue in this 
proceeding is now moot. Accordingly, as the issue in the present matter is now moot, this appeal is 
dismissed. 
ORDER: 
 The appeal is dismissed as moot.