dismissed L-1A

dismissed L-1A Case: Automotive Components

📅 Date unknown 👤 Company 📂 Automotive Components

Decision Summary

The appeal was dismissed as moot. The AAO found that the beneficiary had already adjusted their status to that of a lawful permanent resident through a separate petition filed by the same employer. Therefore, the outcome of the nonimmigrant visa extension appeal was no longer relevant.

Criteria Discussed

Executive Capacity New Office Extension Mootness

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View Full Decision Text
U.S. Department of Ilorneland Security 
I 
20 Mass. Ave., N.W., Rm. 3000 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
Services 
FILE: LIN 06 043 53822 Office: NEBRASKA SERVlCE CENTER Date! JVL 0 7 2008 
PETITION: 
 Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(15)(L) of the 
Immigration and Nationality Act, 8 U.S.C. 5 1 101(a)(15)(L) 
ON BEHALF OF PETITIONER: 
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. 
+ ~&{JLL 
Robert P. iemann, Chief 
I 
Administrative Appeals Office 
LIN 06 043 53822 
Page 2 
DISCUSSION: The Director, Nebraska Service Center, denied the petition for a nonimmigrant 
visa. The matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal 
will be dismissed. 
The ~etitioner claims to be in the business of manufacturing; automotive com~onents. The 
states that it is a branch office of 1. located in South Korea. 
The U.S. entity petitioned Citizenship and Immigration Services (CIS) to classify the beneficiary 
as a nonimmigrant intracompany transferee (L-1 A) pursuant to section 10 1 (a)(15)(L) of the 
Immigration and Nationality Act (the Act), 8 U.S.C. 5 1101(a)(15)(L). The beneficiary was 
initially granted a one-year period of stay to open a new office and the petitioner now seeks to 
extend the beneficiary's stay in order to continue to fill the position of general manager, North 
American branch office. 
On appeal, the petitioner argues that the beneficiary qualifies as an executive under the definition 
contained in 8 C.F.R. $214.2(1). 
A review of CIS records indicates that this beneficiary is also the beneficiary of an approved 
immigrant petition, filed by the same employer, and has adjusted status to that of a permanent 
resident status as of September 2007. While the petitioner has not withdrawn the appeal in this 
proceeding, it would appear that the beneficiary is presently a permanent resident and the issues 
in this proceeding are moot. Therefore, this appeal is dismissed. 
ORDER: 
 The appeal is dismissed as moot. 
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