remanded
EB-1A
remanded EB-1A Case: Information Technology
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Decision Summary
The director denied the petition after claiming not to have received a response to a Notice of Intent to Deny (NOID). On appeal, the petitioner provided a postal receipt proving the response was delivered on time. The AAO remanded the case for the director to consider the timely-filed evidence and issue a new decision.
Criteria Discussed
Failure To Consider Timely Response To Noid 8 C.F.R. § 204.5(H)(3) Intent To Continue Work In The U.S.
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