dismissed
L-1A
dismissed L-1A Case: Unknown
Decision Summary
The appeal was dismissed because the case was rendered moot. The beneficiary had already adjusted their status to that of a lawful permanent resident through a separate immigrant petition, making the issues in this nonimmigrant L-1A proceeding irrelevant.
Criteria Discussed
Managerial Or Executive Capacity Mootness
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identifying data deleted. to prevent clearly unwarranted invasion nf personal privacy ~ MtlfcrC~\t-, U.S.Dcpiutment of Homeland Security U.S. Citizenship and Immigration Services Administrative Appeals Office (AAO) 20 Massachusetts Ave., N.W., MS 2090 Washin2ton. DC 20529-2090 . U.S. Citizenship and lIIi.migration Services b7 DATE; DEC 0 5 2011 Office: CALIFORNIA SERVICE CENTER FILE: INRE: Petitioner: Beneficiary: PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(l5)(L) of the Immigration and Nationality Act, 8 U.S.c. ยง ,1101(a)(l5)(L) ON BEHALF OF PETITIONER: INSTRUCTIONS: Enclosed please find the decision of the Administrative Appeals Office in your case. All of the documents related to this matter have been returned to the office that originally decided your case. Please be advised that any further inquiry that you might have concerning your case must be made to that office. If you believe the law was inappropriately applied by us in reaching our decision, or you have additional information that you wish to have considered, you may file a motion to reconsider or a motion to reopen. The specific requirements' for filing such a request can be found at 8 c.F.R. ยง.103.5. 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 $630. Please be aware that 8 C.F.R. ยง ยท103.5(a)(l)(i) requires that any motion must be filed within 30 days of the decision that the motion seeks t9 reconsider or reopen. Thank you, t./a--... r--Perry Rfiew Chief, Administrative Appeals Office www.uscis.gov Page 2 DISCUSSION: The Director, California Service Center, denied the nonimmigrant visa petition. The matter is now before the Administrative Appeals Office (AAO) on appeal. The AAO will dismiss the appeal. The petitioner filed this 'nonimmigrant petition seeking to extend the beneficiary's L-IA status pursuant to section IOI(a)(lS)(L) of the Immigration and Nationality Act (the Act), 8 U.S.C. ยง 1l01(a)(IS)(L), as an i~tracompany transferee employed in a managerial or executive capacity. . The director denied the petition on October 8, 2009, concluding th~t the petitioner failed to establish that the beneficiary would be employed in the United States in a primarily managerial or executive capacity. The petitioner filed a timely appeal. A review of U.S. Citizenship and Immigration Services (USCIS) records indicates that the beneficiary of this petition was also the beneficiary of an approved employment-based immigrant petition (Form 1-140) filed by the petitioner, and !hat he has adjusted status to that of a U.S. permanent resident as of April 6, 2010. While the petitioner has not w,ithdrawn the appeal in this proceeding, it would appear that the beneficiary is presently a lawful permanent resident and the issues in this proceeding are m@ot. Therefore, this appeal is dismissed. ORDER: The appeal is dismissed.
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