dismissed L-1B Case: Software

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U.S. Department of Homeland Security .
20 Massachusetts Ave., N.W., Rm. 3000
Washington, DC 20529
U.S. Citizenship
and Immigration
Services
File: EAC 02 141 54540 Office: VERMONT SERVICE CENTER Date: DEC 2 6 2007
IN RE: Petitioner:
Beneficiary:
Petition: Petition for a Nonimmigrant Worker Pursuant to Section 101 (a)(l 5)(L) of the Immigration
and Nationality Act, 8 U.S.C. § 1101(a)(l5)(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.
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Administrative Appeals Office
www.uscis.gov
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EAC 02 141 54540
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 extend the employment of the beneficiary in
the position of applications software analyst/programmer as an L-1B nonimmigrant intracompany transferee
having specialized knowledge pursuant to section 101(a)(15)(L) of the Immigration and Nationality Act (the
Act), 8 U.S.c. § 1101(a)(l5)(L). The director denied the petition concluding that the petitioner did not
establish that the beneficiary has been or will be employed in a capacity involving specialized knowledge.
The petitioner filed an appeal. The director declined to treat the appeal as a motion and forwarded the appeal
to the AAO for review.
A review of Citizenship and Immigration Services records indicates that this beneficiary was also the beneficiary
of an approved L-1B nonimmigrant petition filed by the same petitioner, valid from January 16, 2004 until March
22,2005 (EAC 04 068 50176). While the petitioner has not withdrawn the appeal in this proceeding, itwould
appear that the beneficiary was either in L-1B status during the period of validity requested in the instant petition
or was able to apply for the appropriate visa abroad, and the issues in this proceeding are moot. Therefore, this
appeal is dismissed.
ORDER: The appeal is dismissed as moot.