AAO research

AAO EB-1A decision MAY202008_02B2203: Withdrawal and mootness

AAO EB-1A decision MAY202008_02B2203: Withdrawal and mootness

EB-1A withdrawal and mootness — AAO decision MAY202008_02B2203: withdrawal and remand for consideration of NOID response. Review source status, procedural…

Decision summary: AAO decision MAY202008_02B2203: withdrawal and remand for consideration of NOID response.

Source limitation: The review record contains a source hold or limitation. Read the limitation below before relying on any case detail; unresolved facts are not treated as findings.

Scope classification from review: in_scope_eb1a_procedural_record; criterion/final-merits status assessed only from the available source.. This is a source-review label, not a legal conclusion.

Decision snapshot

Decision ID

MAY202008_02B2203

Decision date as printed

May 20, 2008

Classification / field stated in source

EB-1A extraordinary ability under INA 203(b)(1)(A).

Procedural posture

Vermont Service Center denied petition. On appeal petitioner contended additional evidence was submitted in response to NOID; USPS domestic return receipt showed delivery to Nebraska Service Center May 2, 2013. Director’s June 21, 2013 denial said no response received and did not consider that response. AAO withdraws Director decision and remands for consideration of response and new decision, with adverse decision to be certified to AAO.

Operative disposition

withdrawal and remand for consideration of NOID response

Final-merits status

not reached

What the AAO decision addressed

withdrawal and remand for consideration of NOID response

Criterion-by-criterion status in this source

These labels reproduce the source-review record. “Not considered,” “not reached,” and “not coded” do not mean the criterion failed. A Director finding recited as background is not an AAO holding unless the decision says so.

Criterion

Source-review status

Awards

not reached

Membership

not reached

Published material about the person

not reached

Judging the work of others

not reached

Original contributions of major significance

not reached

Scholarly authorship

not reached

Artistic display or showcases

not reached

Leading or critical role

not reached

High salary or remuneration

not reached

Commercial success in the performing arts

not reached

Source holds and limits

Cover is dated May 20, 2008, but body recites events through June 2013. Verify date/identity against authoritative record before publishing procedural chronology.

Specific caveats recorded by the reviewer

  • Strong procedural example about adjudicator failing to consider documented timely response; no criterion merits outcome. Date on cover is May 20, 2008 while p.2 recites 2012–2013 procedural events, creating chronology conflict; hold.

  • No individual criterion state is inferred from director-level general findings or procedural disposition.

Source-cited findings recorded in review

  • p. 2 states founder/CEO in information technology, filing and NOID chronology, receipt evidence, failure to consider response and order. p. 1 cover date/classification.

How this record may be used in research

Comparison scope: Group only by distinct procedural mechanism: motion requirements/timeliness; ordinary untimely appeal; summary dismissal for failure to identify error; remand for consideration of NOID response. Exclude held/incomplete cases until reconciled.

Editorial use note: Hold pending reconciliation.

Page-level source trail

Use the official PDF and the cited physical page numbers to check each statement.

How to use this record

This is a historical, nonprecedent AAO decision about its own administrative record. It is not a prediction, success rate, or current filing instruction. Compare the issue and procedural stage before drawing an analogy. The current framework is in the USCIS Policy Manual, Volume 6, Part F, Chapter 2.

Related corpus research

  • Full-corpus research index

  • Awards research

  • Membership research

  • Published material about the person research

  • Judging the work of others research

  • Original contributions of major significance research

  • Scholarly authorship research

  • Artistic display or showcases research

  • Leading or critical role research

  • High salary or remuneration research

  • Commercial success in the performing arts research

  • Summary Dismissal research

  • Untimely research

  • Remand research

Browse the AAO decision index · Read EB-1A evidence guides · Review source and correction methodology.

Primary source

Official USCIS AAO decision PDF for MAY202008_02B2203