dismissed EB-1A Case: Unknown

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PUBLTCCOPY 
COS. f)cpartnt{'nt of Hom('land St"CUritl 
(i ,S, ( 'iiiz .... nshir and Immigration SC["\'icC's 
Administraliyc Appeals Office (AAO) 
~() vlassa(.:hu~ct[<.; the., l\.\V .. J'vlS 2090 
Washingh)fL DC 20529-2090 
u.s. Citizenship 
and Immigration 
Services 
DATE: 
NOV 2 2 2011 
Office: TEXAS SERVICE CENTER FILE: 
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. § I I 53(b)(l)(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 $630. Please be aware that 8 C.F.R. § 103.5(a)(I)(i) requires that any motion must 
be filed within 30 days of the decision that the motion seeks to reconsider or reopen. 
Thank you, 
~.~v-
~erryRheW 
Chief, Administrative Appeals Office 
www.uscis.gov 
Page 2 
DISCUSSION: The employment-based immigrant visa petition was initially approved by the 
Director, Texas Service Center. Subsequently, the director issued a notice of intent to revoke the 
approval of the petition. In a Notice of Revocation, the director ultimately revoked the approval of 
the petition. The matter is now before the Administrative Appeals Office on appeal. The appeal 
will be rejected as untimely filed. 
The regulation at 8 C.F.R. § 20S.2(d) provides that the affected party must "appeal the decision 
to revoke the approval within 15 days after the service of notice of the revocation." If the 
decision was mailed, the appeal must be filed within 18 days. See 8 C.F.R. § 103.Sa(b). The 
regulation at 8 C.F.R. § 1.l(h) explains that when the last day of a period falls on a Saturday, 
Sunday, or legal holiday, the period shall run until the end of the next day that is not a Saturday, 
Sunday, or legal holiday. 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 regulation at 8 C.F.R. § 103.3(a)(2)(v)(B)(l) provides 
that an appeal which is not filed with the time allowed must be rejected as improperly filed. 
The record indicates that the service center director issued the decision on May 17,2010. It is 
noted that the service center director properly gave notice to the petitioner that he had 18 days to 
file the appeal. Neither the Act nor the pertinent regulations grant the AAO authority to extend 
this time limit. See Matter of Liadov, 23 I&N Dec. 990 (BIA 2006). Even if the appeal was 
delayed by the overnight delivery service, the error would not warrant special consideration of the 
appeal. Id 
Although counsel dated the Form I-290B June 1,2010, it was not received by the service center 
until June 8, 20 I 0, or 22 days after the decision was issued. Accordingly, the appeal was 
untimely filed. 
The regulation at 8 C.F.R. § 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. The official having jurisdiction 
over a motion is the official who made the last decision in the proceeding, in this case the 
Director ofthe Texas Service Center. See 8 C.F.R. § 103.S(a)(l)(ii). 
The matter will therefore be returned to the director. If the director determines that the late 
appeal meets the requirements of a motion, the motion shall be granted and a new decision will 
be issued. 
As the appeal was untimely filed, the appeal must be rejected. 
ORDER: The appeal is rejected.