dismissed
EB-3
dismissed EB-3 Case: Unknown
Decision Summary
The appeal was dismissed because the petitioner, through counsel, formally requested to withdraw it. The withdrawal was requested because the petitioner had re-filed the I-140 petition, which was pending at another service center.
Criteria Discussed
Not specified
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U.S. Department of Homeland Security 20 Mass Ave., N.W., Rm. 3000 Washington, DC 20529 identifying data deleted to U.S. Citizenship prevent clt~ri y gr~warranted and Immigration invasion of personal privacy Services NfJy " 7% Office: TEXAS SERVICE CENTER Date: 43 P,. C) I!!!;\ IN RE: PETITION: Immigrant petition for Alien Worker as a Skilled Worker or Professional pursuant to section 203(b)(3) of the Immigration and Nationality Act, 8 U.S.C. $ 1153(b)(3) ON BEHALF OF PETITIONER: INSTRUCTIONS: This is the decision of the Administrative Appeals Office in your case. DISCUSSION: The Director, Texas Service Center, denied the immigrant visa petition. The matter is before the Administrative Appeals Office on Appeal. On November 7, 2006, counsel sent a Federal Express letter to the Administrative Appeals Office requesting that the AAO accept the letter as "notice to withdraw the appeal" as the petitioner had re-filed the 1-140 petition, and the re-filed petition was pending before the Nebraska Service Center. The withdrawal may not be retracted. See 8 C.F.R. $ 103.2(b)(6). ORDER: The appeal is dismissed based upon its withdrawal. The record of proceeding will be forwarded to the Nebraska Service Center for consolidation with the pending application. Robert P. ~igmann, Chief Administrative Appeals Office
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