dismissed EB-1A Case: Unknown

identifying data deleted to 
prevent clearly unwarranted 
invasion of personal pnvacy 
PVBLlCCOPY 
U.S. Department of Homeland Security 
U.S. t'iti;:cnship and Immigration Services 
Administrative Appeals Onicc (AAO) 
20 Massachusetts Ave .. N.W .. MS 2090 
Washington. DC 20529·2090 
U.S. Citizenship 
and Immigration 
Services 
FILE: Office: TEXAS SERVICE CENTER Date: MAR 21 2011 
IN RE: Petitioner: 
Beneficiary: 
PETITION: Immigrant Petition for Alien Worker as an Alien of Extraordinary Ability Pursuant to 
Section 203(b)( I )(A) of the Immigration and Nationality Act; 8 U .S.C. § 1153(b)( I )(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 1-290B. Notice of Appeal or 
Motion, with a fee of$585. Please be aware that 8 C.F.R. § 103.5(a)(I)(i) requires that any motion must 
be filed within 30 days ofthe decision that the motion seeks to reconsider or reopen. 
Thank you, 
~
Q.cJYlct 
erry 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 
atTected party must file the complete appeal within 30 days after service of the unfavorable 
decision. If the decision was mailed, the appeal must be filed within 33 days. See 8 C.F.R. 
§ 103.Sa(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 November 13, 2009, It is noted that 
the director properly gave notice to the petitioner that it had 33 days to file the appeal. Although 
counsel dated the appeal on December 10, 2009, it was received by the director on Thursday, 
December 17, 2009, 34 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, the 
appeal must be rejected. 
ORDER: The appeal is rejected.