dismissed O-1B

dismissed O-1B Case: Motion Picture Or Television

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Motion Picture Or Television

Decision Summary

The appeal was dismissed as moot. USCIS records showed that the beneficiary had already been granted O-1 status through a separate, approved I-129 petition, making the current appeal unnecessary.

Criteria Discussed

8 C.F.R. ยง 214.2(O)(3)(V)(A) 8 C.F.R. ยง 214.2(O)(3)(V)(B)

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u.s. Citizenship 
and Immigration 
Services 
FILE: Office: CALIFORNIA SERVICE CENTER DatMAR 01 lOll 
IN RE: Petitioner: 
Beneficiary: 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 10 I (a)( 15 )(0)( i) of the 
Immigration and Nationality Act, 8 U.s.c. ยง 1101(a)(15)(0)(i) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Encloscd please find the decision of the Administrative Appeals Officc 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 1-290B, Notice of Appeal or Motion. 
with a fee of $630. Please be aware that 8 C.F.R. ยง 103.5(a)(I)(i) requires that any motion must be filed 
within 30 days of the decision that the motion seeks to reconsider or reopcn. 
Thank you, 
lerr y Rhew 
(J{hiCf, Administrative Appeals Office 
WVfw.uscis.g()'''' 
โ€ข 
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 classify the beneficiary pursuant to section 
IOI(a)(IS)(O)(i) of the Immigration and Nationality Act (the Act), 8 U.S.c. ยง 1101(a)(IS)(0)(i), as an alien 
of extraordinary achievement in the motion picture or television industry. 
The director denied the petition on August 6, 2009 concluding that the petitioner t;1iled to submit evidence 10 
satisfy the regulatory criteria at 8 c.F.R. ยง 214.2(0)(3)(v)(A) or (B), and therefore did not establish thaI the 
beneficiary qualifies as an alien with extraordinary achievement. The petitioner filed a timely appeal. 
A review of U.S. Citizenship and Immigration Services (USerS) records indicates that the beneficiary of this 
petition is the beneficiary of an approved 1-129 nonimmigrant petition granting him 0-1 status from February 14. 
2011 through February 13, 2014. Because the beneficiary in the instant petition currently holds the requested 
classification, further pursuit of the matter at hand is moot. 
ORDER: The appeal is dismissed. 
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