dismissed L-1A Case: Software Development

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U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rrn. 3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
PUBLIC COPY 
FILE: WAC 05 094 5 1020 Office: CALIFORNIA SERVICE CENTER Date: 
 SEP 2 6 2006 
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. 9 1 10 1 (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. 
):fl&~ 
o ert P. lemann, Chief 
/ Administrative Appeals Office 
WAC 05 094 51020 
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 appeal will be 
dismissed. 
The petitioner, a California corporation, claims to be an affiliate of fi 
located in India. The petitioner states that the United States entity is engaged in the software design and 
development business. Accordingly, the United States entity petitioned CIS to classify the beneficiary as 
a nonimmigrant intracompany transferee (L-1A) pursuant to section 101(a)(15)(L) of the Act as an 
executive or manager for three years. The beneficiary was initially granted L-1A classification for a 
period of three years and the petitioner now seeks to extend the beneficiary's stay in order to continue to 
fill the position of project manager. 
On April 4, 2005 the director denied the petition on the ground that the petitioner filed the instant case 
more than four months before the proposed employment will commence or the extension of stay is 
required, pursuant to the instructions on the Fonn 1-129. The director stated "the petitioner filed this 
instant case on February 15, 2005, requesting an employment start date of August 23, 2005. Said start 
date is in excess of (4) months before the date of actual need for the beneficiary's services." The director 
noted that the petitioner may re-file the petition at a later date consistent with the regulations at 8 C.F.R. 9 
214.2(1)(3). 
The petitioner subsequently filed an appeal on April 25,2005. The director declined to treat the appeal as 
a motion and forwarded the appeal to the AAO for review. The petitioner submits a letter and additional 
documentation in support of the appeal. 
A review of Citizenship and Immigration Services records indicates that ths beneficiary is also the 
beneficiary of an approved L-1A nonirnmigrant petition filed by the same petitioner on July 1, 2005, valid 
from August 23,2005 until August 22,2007 (WAC 05 193 50342). While the petitioner has not withdrawn 
the appeal in this proceeding, it would appear that the petitioner timely filed a new 1-129 petition requesting 
an extension of the beneficiary's status, and the beneficiary was granted the requested extension. 
Accordingly, the issue in this proceeding is moot, and the appeal is dismissed. 
ORDER: The appeal is dismissed as moot.