dismissed L-1A

dismissed L-1A Case: Automotive Parts Trade

📅 Date unknown 👤 Company 📂 Automotive Parts Trade

Decision Summary

The appeal was dismissed as moot. The director had initially denied the petition because the beneficiary had reached the maximum stay in H-1B status. However, before the appeal was decided, the beneficiary had already adjusted her status to that of a permanent resident through a separate petition, making the issues in the L-1A nonimmigrant appeal no longer relevant.

Criteria Discussed

Eligibility After Maximum Stay In H-1B Status Mootness

View Full Decision Text

identifying data deleted to
preventclearly unwarrant~d
invasionof peBonalprivacy
pua,UC cOP"l
u.s. Department of Homeland Security
20 Massachusetts Ave. N.W., Rm. A3000
Washington, DC 20529
us, Citizenship
and Immigration
Services
File: SRC 03 148 51148 Office: TEXAS SERVICE CENTER Date: FEB 0 1 2007
INRE: Petitioner:
Beneficiary:
Petition: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(15)(L) of the Immigration
and Nationality Act, 8 U.S.C. § 1101(a)(15)(L)
IN 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 further inquiry must be made to that office.
~
" " ' » " " '"
"•.,
'-----_.... -- . .. ..
Robert P. Wiemann, Chief
Administrative Appeals Office
www.uscis.gov
SRC 03 148 51148
Page 2
DISCUSSION: The Director, Texas Service Center , denied the nonimmigrant visa petition. The matter is
now before the Administrative Appeals Office (AAO) on appeal. The appeal will be dismissed.
The petitioner is described as an export company trading in motorcycle parts and automobile supplies. It seeks to
employ the beneficiary temporarily in the United States as its general manager. The director denied the petition,
fmding that due to the beneficiary's period of stay in the United States in H-1B status for the maximum allotted
time, the beneficiary was not eligible for reclassification as an L-1A manager or executive until she resided
outside of the United States for one year.
On appeal, counsel for the petitioner argues that the director's basis for the denial was erroneous and provides a
brief and additional evidence in support of his contentions.
A review of the records of Citizenship and Immigration Services 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 12, 2006. 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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