dismissed
EB-2
dismissed EB-2 Case: Management Consulting
Decision Summary
The appeal was dismissed because the case was considered moot. The beneficiary had already adjusted to lawful permanent resident status through a separate petition that was approved subsequent to the filing of the current case.
Criteria Discussed
Not specified
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →View Full Decision Text
1I.S. Departnlrnt of Honleland Securit) IJ. S. Citi~enship and Immigration Services Office ofAd~~ir~irstrrr~rc.e ,lpprrrls MS 2090 Washington. DC 20529-2090 U. S. Citizenship and Immigration FILE: Office: NEBRASKA SERVICE CENTER Date: a 2 1 n/lD LIN 07 174 50450 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. ji 1 153(b)(2) 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. ji 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 or reopen, as required by 8 C.F.R. fj 103.5(a)(I)(i). @ Perry Rhew Chief, Administrative Appeals Office Page 2 DISCUSSION: The Director, Nebraska 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 an international management consulting firm. It seeks to permanently employ the beneficiary in the United States as an engagement manager. The petitioner requests classification of the beneficiary as an advanced degree professional pursuant to section 203(b)(2) of the Immigration and Nationality Act, 8 U.S.C. tj 1153(b)(2). The director denied the petition on June 7, 2007. and the petitioner appealed the decision to the AAO. U.S. Citizenship and Immigration Sewices records state that, subsequent to filing the instant petition. the petitioner filed a second petition on behalf of the beneficiary (receipt number LIN 08 002 58984), and the beneficiary concurrently filed an adjustment application (receipt number LIN 08 002 59743; The adjustment application was approved on June 12,2008. Because the beneficiary of the instant petition has already adjusted to lawful permanent resident status, the matter is moot. ORDER: The appeal is dismissed based on the beneficiary's adjustment to lawful permanent resident status.
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.