dismissed
EB-2 NIW
dismissed EB-2 NIW Case: Unknown
Decision Summary
The decision addresses a motion to reconsider a previously dismissed appeal. The AAO dismissed the motion because the petitioner formally withdrew it. The original denial of the visa petition remains in effect.
Criteria Discussed
Not specified
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U.S. Department of Homeland Security identifying data deleted to prevent clearly unwarrantec invasion of personal privacy PUBLIC COPY U.S. Citizenship and Immigration Services OjJce ojAdministrative Appeals MS 2090 Washington, DC 20529-2090 U.S. Citizenship and Immigration SRC 07 278 55861 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. 5 1 153(b)(2) ON BEHALF OF PETITIONER: SELF-REPRESENTED DISCUSSION: The Director, Texas Service Center, denied the visa petition. The Administrative Appeals Office (AAO) dismissed the petitioner's appeal of the director's decision. The matter is now before the AAO on a motion to reconsider. On November 14, 2009, the petitioner requested that the appeal and the motion be withdrawn. The appeal cannot be withdrawn, having already been dismissed (see 8 C.F.R. 5 103.3(a)(2)(ix), which only permits withdrawal "before a decision is made"). We do, however, acknowledge the petitioner's withdrawal of his subsequent motion. All documents have been returned to the ofice that originally decided the case. Any further inquiry must be made to that office. ORDER: The motion is dismissed based on its withdrawal by the petitioner. The petition remains denied. 5 Perry Rhew Chief, Administrative Appeals Office
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