dismissed
EB-2
dismissed EB-2 Case: Unknown
Decision Summary
The appeal was dismissed because the proceeding was declared moot. The beneficiary had already adjusted to lawful permanent resident status through a separate, subsequently filed and approved I-140 petition, making further pursuit of this matter unnecessary.
Criteria Discussed
Not specified
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U.S. Department of IIomeland Security U.S. C~t~zensh~p and lmm~grat~on Serwces identifying data deleted to prevent ileilrly unwarrsnted invasion of personal privacj Of$ce of Admitlistr.ativr Appeals Washington, DC 20529-2090 U.S. Citizenship and Immigration Services PUBLIC COPY 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. 1153(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. 5 103.5 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)(l)(i). ,@uifl~L c- John F. Grissom Acting Chief, Administrative Appeals Office Page 2 DISCUSSION: The Director, Nebraska Service Center, denied the employment-based immigrant visa petition. On appeal, the Administrative Appeals Office (AAO) remanded the matter back to the director for fbrther consideration. The matter is now before the AAO on certification. The proceeding, however, is now moot. Review of the record of proceedings indicates that, subsequent to filing the instant petition, the petitioner filed another Form 1-140 petition in behalf of the beneficiary in the same classification, with receipt number SRC-07-126-50983. This petition was approved on March 22, 2007. The alien subsequently filed a Form 1-485 Application to Adjust Status, receipt number LIN-07-263-54809, which was approved on February 4, 2009. Because the alien has adjusted to lawful permanent resident status, hrther pursuit of the matter at hand is moot. ORDER: The director's decision stands as the matter is now moot.
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