dismissed EB-1A Case: Unknown

• Identifying data deleted to 
prevent clearly unwarr~ted 
invasion of personal pnvacy 
PUBLIC COpy 
FILE: 
IN RE: Petitioner: 
Beneficiary: 
U.S. Department of Homeland Security 
U.S. Citizenship and Irrrrnigration Services 
Administrative Appeals Office (AAO) 
20 Massachusetts Ave .. N.W., MS 2090 
Washington. DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
Date: 
MAR 1 0 2011 
PETITION: Immigrant Petition for Alien Worker as an Alien of Extraordinary Ability Pursuant to 
Section 203(b)( 1 )(A) of the Immigration and Nationality Act; 8 U.s.c. § l153(b)(1 )(A) 
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. § 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$585. Please be aware that 8 C.F.R. § 103.5(a)(1)(i) requires that any motion must 
be filed within 30 days of the decision that the motion seeks to reconsider or reopen. 
Thank you, 
Perry Rhew 
Chief, Administrative Appeals Office 
www.uscis.gov 
-Page 2 
DISCUSSION: The Director, Texas Service Center, denied the immigrant visa petition. The 
matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be 
rejected as untimely filed. 
In order to properly file an appeal, the regulation at 8 C.F.R. § 103.3(a)(2)(i) provides that the 
affected party must file the complete appeal "with the office where the unfavorable decision was 
made within 30 days of after service of the decision." If the decision was mailed, the appeal 
must be filed within 33 days. See 8 C.F.R. § 103.5a(b). The date of filing is not the date of 
mailing, but the date of actual receipt. See 8 C.F.R. § 103.2(a)(7)(i). 
The record indicates that the director issued the decision on June 12, 2009. On motion, the 
director affirmed his decision on November 30, 2009. It is noted that the director properly gave 
notice to the petitioner that she had 33 days to file the appeal with the Texas Service Center. On 
December 30, 2009, the petitioner filed the appeal directly with the AAO. As it was not properly 
filed, the appeal was returned to the petitioner, and the petitioner filed the appeal with the Texas 
Service Center on January 5, 2010, 36 days after the decision was issued. Accordingly, the 
appeal was untimely filed. 
Neither the Act nor the pertinent regulations grant the AAO authority to extend the 33-day time 
limit for filing an appeal. As the petitioner failed to properly file the appeal within 33 days with 
the office that originally made the decision, the appeal must be rejected. 
ORDER: The appeal is rejected.