dismissed EB-2

dismissed EB-2 Case: Software Development

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Software Development

Decision Summary

The appeal was dismissed as moot. The decision notes that the beneficiary's application to adjust to lawful permanent resident status (Form I-485) had already been approved, rendering the appeal on the underlying immigrant petition irrelevant.

Criteria Discussed

Not specified

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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 
Date: JAN 20 2012 Office: NEBRASKA SERVICE CENTER FILE 
IN RE: 
PETITION: 
Petitioner: 
Beneficiary: 
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 /03.5. All motions must be 
submitted to the office that originally decided your case by filing a Form 1-290B, Notice of Appeal or Motion, 
with a fee of $630. Please be aware that 8 C.F.R. ยง /03.5(a)(I)(i) requires that any motion must be filed 
within 30 days of the decision that the motion seeks to reconsider or reopen. 
Thank you, 
Perry Rhew 
Chief, Administrative Appeals Office 
ww\\,.uscis.gov 
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 a software research and development business. It seeks to employ the beneficiary 
permanently in the United States as a senior develop;:r. 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 October 22,2007. The director denied the petition on 
May 21, 2009. 
A review of U.S. Citizenship and Immigration Services 
Form 1-485 Application to Adjust was approved on 
November 16, 2010. 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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