dismissed
EB-1C
dismissed EB-1C Case: Applications Development
Decision Summary
The appeal was rejected because the underlying petition was denied for abandonment after the petitioner failed to respond to a Request for Evidence (RFE). Per regulations, a denial due to abandonment may not be appealed. The AAO further noted that even if the appeal were considered, counsel's claim of not receiving the RFE was moot because a proper notice of appearance had not been filed on behalf of the petitioner at the time the RFE was issued.
Criteria Discussed
Failure To Respond To Rfe Abandonment Improper Filing Of Appeal Notice Of Representation (Form G-28)
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