dismissed EB-1A Case: Unknown

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rrn. A3042. 
Washington, DC d 20529 
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1 
U. S. Citizenship 
and Immigration 
File: . WAC 03 136 5 1562 Office: CALIFORNIA SERVICE CENTER Date: A~R 0 7 2006 
IN RE: Petitioner: 
Petition: Immigrant petition foi Alien Worker, as an Alien of Extraordinary Ability Pursuant to Section 
203(b)(l)(A) of the Immigration and Nationality Act, 8 U.S.C. $ 1153(b)(l)(A) 
i 
IN BEH&LF OF PETITIONER: 
SELF-REPRESENTED 
, INSTRUCTIONS: 
This is the decision of the ~drninlstrative 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. 
Administrative Appeals Office 
WAC 03 136 51562 
Page 2 
DISCUSSION: The Director, California Service Center, denied the immigrant visa petition. The petitioner 
filed a subsequent appeal. The Administrative Appeals Office (AAO) determined that the appeal was not 
filed in a timely manner. The AAO rejected the appeal without rendering a decision. The matter is now 
before the AAO on a motion to reconsider. The motion will be rejected. 
The director denied the petitioner on November 5,2004. On Decemberl5, 2004, the petitioner filed an appeal 
seeking review of the director's decision. After reviewing the record, the AAO rejected the appeal as the 
appeal had not been filed in a timely manner. Any appeal that is not filed within the time allowed must be 
rejected as improperly filed. 8 C.F.R. 5 103.3(a)(2)(v)(B)(I). 
The petitioner has now filed a motion seelung to reopen the appeal that was rejected as untimely filed based 
on his assertion that his initial submission of the appeal to the AAO was not in error. The petitioner relies on 
instruction 4 on the back of the Form I-290B Notice of ~~~eal' and the second paragraph under "SEE 
ATTACHMENT" on director's cover page.2 
As noted in our previous decision, the petitioner's appeal was not received by the California Service Center 
until December 15, 2004, or 40 days after the director's decision was issued. Any appeal that is not filed 
within the time allowed must be rejected as improperly filed. 8 C.F.R. 5 103.3(a)(2)(v)(B)(I). The petitioner 
has now filed a motion seeking to reopen the appeal that was rejected as untimely filed. 
As the appeal was rejected by the AAO, there is no decision on the part of the AAO that may be reopened in 
this proceeding. According to 8 C.F.R. 5 103.5(a)(l)(ii), jurisdiction over a motion resides in the official who 
made the latest decision in the proceeding. The AAO did not enter a decision on this matter. Because the 
disputed decision was rendered by the director, the AAO has no jurisdiction over this motion and the motion 
must be rejected. 
ORDER: The motion is rejected. 
1 
Instruction I, however, states: 
Filing. You must file your appeal with the Immigration and Naturalization Service (INS) [now 
Citizenship and Immigration Services (CIS)] which made the unfavorable decision within 30 calendar 
days after service of the decision (33 days if your decision was mailed). The date of service is 
normally the date of the decision. Do notsend your appeal director to the Administrative Appeals Unit 
(AAU). Submit an original appeal only. Additional copies are not required. 
Thefirst paragraph under "SEE ATTACHMENT," however, states: 
The petitioner may, if he or she wishes, appeal the Director's decision using the enclosed Notice of 
Appeal to the Administrative Appeals Office (AAO), Form I-290B. The petitioner must submit such 
an appeal to THIS OFFICE with a filing fee of $1 10.00. Do NOT send the appeal directly to the 
AAO. If the petitioner does not file an appeal within the time allowed, this Decision is final.