dismissed EB-2

dismissed EB-2 Case: Accounting

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ 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

Sign up free to download the original PDF

View Full Decision Text
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. 
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.