dismissed
L-1A
dismissed L-1A Case: 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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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 While the petitioner has not withdrawn the appeal in this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. Avoid the mistakes that led to this denial
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