dismissed EB-1A Case: Unknown

US. Department of IIomeland Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
SRC 99 062 50148 
PETITION: 
 Immigrant Petition for 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. tj 1 153(b)(l)(A) 
ON BEHALF OF PETITIONER: 
SELF-REPRESENTED 
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. 
u 
P. Wiemann, Chief 
Appeals Office 
DISCUSSION: The Director, Texas Service Center, initially approved the preference visa petition. 
Subsequently, the director issued a notice of intent to revoke the approval of the petition (NOR). In a Notice of 
Revocation (NOR), the director ultimately revoked the approval of the Immigrant Petition for Alien Worker 
(Form 1-140). The matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be 
rejected as untimely filed. 
The appeal was properly filed on February 25, 2008, 90 days after the decision was rendered. According to the 
pertinent regulations, the appeal was not timely filed. The regulation at 8 C.F.R. fj 205.2(d) states that revocations 
of approvals must be appealed withn 15 days after the service of the notice of revocation. The notice of 
revocation erroneously stated that the petitioner could file an appeal withn 33 days. Nevertheless, the director's 
error does not supersede the pertinent regulations. 
Neither the Act nor the pertinent regulations grant the AAO authority to extend the 15-day time limit for 
filing an appeal. The regulation at 8 C.F.R. 5 103.3(a)(2)(v)(B)(2) states that, if an untimely appeal meets the 
requirements of a motion to reopen or a motion to reconsider, the appeal must be treated as a motion, and a 
decision must be made on the merits of the case. 
A motion to reopen must state the new facts to be proved in the reopened proceeding and be supported by 
affidavits or other documentary evidence. 8 C.F.R. 5 103.5(a)(2). A motion to reconsider must state the 
reasons for reconsideration and be supported by any pertinent precedent decisions to establish that the 
decision was based on an incorrect application of law or Service policy. A motion to reconsider a decision on 
an application or petition must, when filed, also establish that the decision was incorrect based on the 
evidence of record at the time of the initial decision. 8 C.F.R. 
 103.5(a)(3). A motion that does not meet 
applicable requirements shall be dismissed. 8 C.F.R. 
 103.5(a)(4). 
Here, the untimely appeal does not meet the requirements of a motion to reopen or a motion to reconsider. 
Therefore, there is no requirement to treat the appeal as a motion under 8 C.F.R. 
 103.3(a)(2)(v)(B)(2). 
As the appeal was untimely filed and does not qualify as a motion, the appeal must be rejected. 
ORDER: The appeal is rejected.