dismissed
EB-1C
dismissed EB-1C Case: Management
Decision Summary
The appeal was dismissed as moot. A review of records showed the beneficiary had already adjusted to permanent resident status through a separate approved petition before this appeal was decided, making the issues in this proceeding irrelevant.
Criteria Discussed
Multinational Executive Or Manager Mootness
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~drntifyiying data deleted to prevent clearly unwarranted - .I PUBLIC COPY U.S. Department of Homeland Security 20 Mass. Ave., NW, Rm. A3042 Washington, DC 20529 U. S. Citizenship and Immigration File: WAC 01 126 53448 Office: CALIFORNIA SERVICE CENTER Date: MAR 0 g 2006 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) IN 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. Robert P. Wiemann, Director \ Administrative ~~&als Office WAC 0 1 126 53448 Page 2 DISCUSSION: The preference visa petition was denied by the Director, California Service Center. The matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be dismissed. The petitioner filed this immigrant petition seeking to employ the beneficiary as its president. Specifically, the petitioner endeavors to classify the beneficiary as an employment-based multinational executive or manager pursuant to section 203(b)(l)(C) of the Immigration and Nationality Act (the Act), 8 U.S.C. 9 1153(b)(l)(C). On appeal, the petitioner asserts that the beneficiary qualifies as an executive or manager under the statutory definition contained at sections 101(a)(44)(A) and (B) of the Act. A review of CIS records indicates that this beneficiary is also the beneficiary of an approved immigrant petition and has adjusted status to that of a permanent resident status as of April 12, 2004. While the petitioner has not withdrawn the appeal in this proceeding, it would appear that the beneficiary is presently a permanent resident and the issues in this proceeding are moot. Therefore, this appeal is dismissed. ORDER: The appeal is dismissed as moot.
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