dismissed EB-1C Case: Business

U.S. Department of Homeland Security 
U. S C~tizensh~p and Imm~gration Semces 
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1 ., Office of Admrnzstratrve Appeals MS 2090 
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 Wash~ngton, DC 20529-2090 
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 U. S. Citizenship 
and Immigration 
PUBLIC COPY 
File: 
EAC 98 017 51626 
Office: VERMONT SERVICE CENTER 
Petition: 
 Immigrant Petition for Alien Worker as a Multinational Executive or Manager Pursuant to 
Section 203(b)(l)(C) of the Immigration and Nationality Act, 8 U.S.C. 5 1 153(b)(l)(C) 
IN BEHALF OF PETITIONER: 
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. 
Peny Rhew 
chief, Administrative Appeals Office 
DISCUSSION: The Director, Vermont Service Center, revoked approval of the nonimmigrant visa petition. 
The matter is currently before the Administrative Appeals Office (AAO) on appeal. The appeal will be 
rejected as untimely filed. 
Pursuant to the regulation at 8 C.F.R. $ 205.2(d), in order to properly file an appeal from a decision revoking 
approval of a petition it must be filed within 15 days after the service of the notice of the revocation with an 
additional three days given to petitioners served with the notice by mail. See 8 C.F.R. 5 103.5a(b). Service is 
considered complete upon the mailing of the notice of revocation. See id. 
In accordance with 8 C.F.R. $ 103.2(a)(7)(i), an application received in a U.S. Citizenship and Immigration 
Services (USCIS) office shall be stamped to show the time and date of actual receipt, if it is properly signed, 
executed, and accompanied by the correct fee. For calculating the date of filing, the appeal shall be regarded 
as properly filed on the date that it is so stamped by the service center or district office. 
The record indicates that the director issued the decision on February 19, 1999. The petitioner filed an 
appeal, which was received by the legacy Immigration and Naturalization Service (INS) on March 17, 1999, 
or 26 days after the decision was issued.] Therefore, the appeal was untimely filed. Although the AAO 
acknowledges that the revocation notice and the note on the Form I-290B improperly instructed the petitioner 
that it had longer than 18 days in which to file an appeal in the matter of a revocation, the above regulations 
are clear as to the filing deadline. There is no law or regulation that grants the director the authority to extend 
this deadline or the AAO the discretionary authority to overlook the prescribed time limit for filing the appeal. 
The regulation at 8 C.F.R. $ 103.3(a)(2)(v)(B)(I) states that an appeal which is not filed within the time 
allowed must be rejected as improperly filed. Accordingly, the appeal in the instant case will be rejected as 
untimely filed. 
ORDER: 
 The appeal is rejected as untimely filed. 
1 
It should be noted that, according to New York State corporate records, the petitioner's corporate status in 
New York as of July 27, 2009 is shown as "INACTIVE - dissolution." Therefore, as the petitioner has 
dissolved its business as a corporation, the company no longer exists and can no longer be considered a legal 
entity in the United States. As this clearly and unequivocally renders the petitioner ineligible for the 
classification sought, the petition could not be approved and, in fact, renders it subject to automatic revocation 
without prior notice even if the appeal had been properly filed and the stated grounds for revocation had been 
overcome on appeal. See 8 C.F.R. 5 205.1 (a)(3)(iii)(D).