dismissed EB-2 Case: Unknown

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
FILE: - Office: TEXAS SERVICE CENTER Date: SEP 3 0 2005 
SRC 03 039 55848 
IN RE: Petitioner: 
Beneficiary: 
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. Ij 1153(b)(2) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. All documents have been retuned to 
the office that originally decided your case. Any further inquiry must be made to that office. 
V 
%obert P. Wiemann, Director 
Administrative Appeals Office 
DISCUSSION: The immigrant visa petition was denied by the Director, Texas Service Center. The matter 
is now before the Administrative Appeals Office on appeal. The appeal will be dismissed. 
On appeal, counsel asserts that the director erred in denying the petition because the petitioner hacl already 
requested to withdraw it. The petitioner submits a copy of the withdrawal dated January 5, 2004 and the 
denial dated February 2, 2004. A review of the record of proceeding, however, reveals that the only copy of 
the withdrawal in the record other than the copy submitted on appeal was received by the director on March 
9, 2004 in an envelope postmarked March 5, 2004, three days prior to the postmark on the appeal envelope 
and one month after the director issued the denial. Thus, we cannot conclude that the director erred. 
Nevertheless, the petitioner has now requested that the petition be withdrawn, and that request will be 
honored. 
ORDER: The appeal is dismissed based on its withdrawal by the petitioner.