dismissed
EB-2
dismissed EB-2 Case: Accounting
Decision Summary
The appeal was dismissed as moot. The AAO found that the beneficiary had already adjusted their status to that of a lawful permanent resident, which made any further pursuit of the appeal on the denied I-140 petition unnecessary.
Criteria Discussed
Advanced Degree Professional Adjustment Of Status Mootness
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P1JBLIC COpy Date: APR 0 4 lOlZ INRE: Petitioner: Beneficiary: Office: TEXAS SERVICE CENTER U.S. Department of Homeland Security U.S. Citizenship and Immigration Services Administrative Appeals Office (AAO) 20 Massachusetts Ave., N.W., MS 2090 Washington, DC 20529-2090 U.S. Citizenship and Immigration Services PETITION: Immigrant Petition for Alien Worker as a Member of the Professions Holding an Advanced Degree or an Alien of Exceptional Ability Pursuant to Section 203(b)(2) of the Immigration and Nationality Act, 8 U.S.C. ยง 1153(b)(2) ON BEHALF OF PETITIONER: 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. If you believe the law was inappropriately applied by us in reaching our decision, or you have additional information that you wish to have considered, you may file a motion to reconsider or a motion to reopen. The specific requirements for filing such a request can be found at 8 C.F.R. ยง 103.5. 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 $630. Please be aware that 8 c.F.R. ยง 103.5(a)(l)(i) requires that any motion must be filed within 30 days of the decision that the motion seeks to reconsider or reopen. Perry Rhew Chief, Administrative Appeals Office www.uscis.gov \ Page 2 DISCUSSION: The Director, Texas Service Center, denied the employment-based immigrant visa petition. The matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be dismissed. The petitioner is a certified public accountant firm. It seeks to employ the beneficiary permanently in the United States as a senior auditor. The petitioner seeks to classify the beneficiary as an alien worker pursuant to section 203(b)(2) of the Immigration and Nationality Act (the Act), 8 U.S.c. ยง 1153(b)(2), as an advanced degree professional. The record of proceeding shows that the Form 1- 140 petition was filed July 27, 2007. The director denied the petition on August 7,2009. A review of U.S. Citizenship and Immigration Services (USCIS) records indicates that the alien filed a Form 1-485 Application to Adjust Status, receipt number SRC 11 901 20145, which was approved on January 9, 2012. Because the alien has adjusted to lawful permanent resident status, further pursuit of the matter at hand is moot. ORDER: The appeal is dismissed as moot based on the alien's adjustment to lawful permanent resident status.
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