dismissed
EB-2
dismissed EB-2 Case: Systems Engineering
Decision Summary
The appeal was dismissed as moot. The AAO determined that because the beneficiary had already adjusted to lawful permanent resident status through a subsequent application, further pursuit of the appeal was unnecessary.
Criteria Discussed
Advanced Degree Professional Exceptional Ability
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identifying data deleted to prevent cie",ny unwarranted invasion of personal privaC\ "'TRTJC COpy Date: JAN 1 0 2012 Office: TEXAS SERVICE CENTER INRE: Petitioner: Beneficiary: 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 X2) of the Immigration and Nationality Act, 8 U.S.C. ยง 1 I 53(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. Thank you, ao Perry Rhew Chief, Administrative Appeals Office www.uscis.gov Page 2 DISCUSSION: The Director, Texas Service Center, deni~d 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 investments management business. It seeks to employ the beneficiary permanently in the United States as a senior systems engineer. 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 I I 53(b)(2), as an advanced degree professional. The record of proceeding shows that the Form 1-140 petition was filed July 2, 2007. The director determined that the petitioner had not established that the petition demonstrated that the job requires a professional holding an advanced degree or the equivalent or an alien of exceptional ability; and therefore, the beneficiary was not eligible for classification as a member of the professions holding an advanced degree. Review of U.S. Citizenship and Immigration Services (USCIS) records indicates that, subsequent to filing the instant petition, the alien filed a Form 1-485 Application to AdjliSt Status, receipt number SRC 09 032 52549, which was approved on December 22, 2008. 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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