dismissed
L-1A
dismissed L-1A Case: Relocation Services
Decision Summary
The appeal was dismissed as moot. The beneficiary had already adjusted their status to that of a U.S. permanent resident, rendering the request for an extension of nonimmigrant status unnecessary.
Criteria Discussed
Managerial Or Executive Capacity
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U.S. Department of Homeland Security U.S. Citizenship and Immigration Services Ofice ofAdministrative Appeals, MS 2090 Washington, DC 20529-2090 U. S. Citizenship identifyins cata deleted to and Immigration prevent -fear' anranted invmbn of p- : , .dl privaq File: WAC 09 034 51266 Office: CALIFORNIA SERVICE CENTER Date: NOV 2 5 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. $ 1 101(a)(15)(L) ON BEHALF OF PETITIONER: SELF-REPRESENTED 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. 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. 5 103.5 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). Peny Rhew Chief, Administrative Appeals Office WAC 09 034 51266 Page 2 DISCUSSION: The Director, California 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. 5 1101(a)(15)(L). The petitioner, a global relocation services provider, has employed the beneficiary in the position of relocation services manager in L-1A status since 2005, and now seeks to extend his status for two additional years. The director denied the petition on December 22, 2008, concluding that the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or executive capacity under the extended petition. A review of U.S. Citizenship and Immigration Services (USCIS) records indicates that this beneficiary is also the beneficiary of an approved employment-based immigrant visa petition filed by the petitioner. The beneficiary adjusted status to that of a U.S. permanent resident as of July 30, 2009. While the petitioner has not withdrawn the appeal in this proceeding, it would appear that the beneficiary is presently a lawful 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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