dismissed EB-2

dismissed EB-2 Case: Unknown

📅 Date unknown 👤 Company 📂 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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