dismissed L-1A Case: Business

idcnti3ing data deieted to 
Drevent ~Iecirly unwarranted 
U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
Office of Administrative Appeals MS 2090 
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 Washington, DC 20529-2090 
U. S. Citizenship 
and Immigration 
Services 
File: EAC 98 098 5 15 17 Office: VERMONT SERVICE CENTER Date: 
 APR 2 2 2009 
IN RE: 
Petition: 
 Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(15)(L) of the Immigration 
and Nationality Act, 8 U.S.C. 5 11 01 (a)(l5)(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. 
If you believe the law was inappropriately applied or you have additional information that you wish to have 
considered, you may file a motion to reconsider or a motion to reopen. Please refer to 8 C.F.R. $ 103.5 for 
the specific requirements. All motions must be submitted to the office that originally decided your case by 
filing a Form I-290B, Notice of Appeal or Motion, with a fee of $585. Any motion must be filed within 30 
days of the decision that the motion seeks to reconsider or reopen, as required by 8 C.F.R. $ 103.5(a)(l)(i). 
, John F. Grissom 
i 
I Acting Chief, Administrative Appeals Office 
4 
I !i 
EAC 98 098 51517 
Page 2 
DISCUSSION: The Director, Vermont Service Center, denied the petition for a nonimmigrant visa. The 
matter is now before the Administrative Appeals Office (AAO) on appeal. The AAO will dismiss the appeal. 
The petitioner filed this nonimmigrant visa petition seeking to employ the beneficiary as an L-1A 
nonimmigrant intracompany transferee pursuant to section 10 1 (a)(15)(L) of the Immigration and Nationality 
Act (the Act), 8 U.S.C. 4 1101(a)(15)(L). The petitioner, a New York corporation, claims to be a subsidiary 
of, located in China. It seeks to employ the beneficiary as a manager for a 
three-year period. 
The director denied the petition concluding that the petitioner did not establish that the beneficiary would be 
primarily employed in a managerial or executive position, as defined at section 101(a)(44)(A) and (B) of the 
Act, 8 U.S.C. 4 1101(a)(44). 
On appeal, counsel for the petitioner asserts that the director overlooked or misunderstood evidence submitted 
and asserts that the beneficiary has been and will be employed in a managerial or executive capacity. 
A review of U.S. Citizenship and Immigration Services records indicates that this beneficiary is also the 
beneficiary of an approved Form 1-130 immigrant visa petition and that she adjusted status to lawll permanent 
resident (IR6) on December 21, 2007. While the petitioner has not withdrawn the appeal in this proceeding, it 
would appear that the beneficiary the issues in this proceeding are moot. Therefore, this appeal is dismissed. 
ORDER: 
 The appeal is dismissed as moot.