dismissed
L-1A
dismissed L-1A Case: Automotive Electronics
Decision Summary
The appeal was dismissed as moot. The AAO noted that the beneficiary had already adjusted status to that of a permanent resident through a separate petition filed by the same employer, rendering the issues in this nonimmigrant proceeding moot.
Criteria Discussed
Managerial Or Executive Capacity
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U.S. Department of Homeland Security 20 Mass. Ave., N.W., Rm. A3000 Washington, DC 20529 ldentif~ing data deleted to prevent elearly urn- invasion of wmod prlvacr mBLIC copy U. S. Citizenship and Immigration FILE: WAC-04- 19 1-50407. Office: CALIFORNIA SERVICE CENTER Date: JUL 1 7 2006 PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 101 (a)(15)(L) of the Immigration and Nationality Act, 8 U.S.C. 9 1 101 (a)(15)(L) ON BEHALF OF PETITIONER: INSTRUCTIONS : 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 Mher inquiry must be made to that office. Robert P. Wiemann, Chief Administrative Appeals Office WAC-04-1 91 -50407 Page 2 DISCUSSION: The director, California Service Center, denied the nonirnmigrant visa petition. The matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be dismissed. The petitioner is described as a wholesale and repair shop for car stereos. It seeks to extend its authorization to employ the beneficiary temporarily in the United States as its general manager. The director determined that the petitioner had not established that the beneficiary had been or would be employed in a primarily managerial or executive capacity. On appeal, counsel for the petitioner argues that the beneficiary qualifies as an executive and manager under the definitions contained in 8 C.F.R. 4 214.2(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 as of July 29, 2005. While the petitioner has not withdrawn the appeal in this proceeding, it would appear that the beneficiary is presently a permanent resident and the issues in this proceeding are moot.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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