dismissed EB-1C

dismissed EB-1C Case: Multinational Management

📅 Date unknown 👤 Company 📂 Multinational Management

Decision Summary

The AAO rejected the appeal because it was a second appeal filed for the same petition, after a prior appeal had already been dismissed. The AAO stated there is no law or regulation permitting the filing of multiple appeals for the same petition, and therefore the current appeal was improperly filed.

Criteria Discussed

Procedural Filing Requirements Prohibition On Multiple Appeals

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US. Department of Homeland Security 
U. S. Citizenship and Immigration Services 
Office of Administrative Appeals MS 2090 
Washington, DC 20529-2090 
FILE: OFFICE: NEBRASKA SERVICE CENTER Date: MAY 1 2 2010 
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. tj 1 153(b)(l)(C) 
ON 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. 
\,J Perry Rhew 
Chief, Administrative Appeals Office 
DISCUSSION: The Director, Nebraska Service Center, denied the immigrant visa petition. On February 1 1, 
2008, the petitioner filed an appeal with the Administrative Appeals Office (AAO). On December 2, 2008, 
the AAO dismissed the appeal. The matter is currently before the AAO on a second appeal. The appeal will 
be rejected as improperly filed. 
In order to properly file an appeal, the regulation at 8 C.F.R. 9 103.3(a)(2)(i) provides that the affected 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. 5 103.5a(b). The date of filing is not the date of 
mailing, but the date of actual receipt, which shall be stamped to show the time and date of actual receipt, if it 
is properly signed, executed, and accompanied by the correct fee. See 8 C.F.R. 5 103.2(a)(7)(i). 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. 
As discussed above, the record indicates that the AAO issued a decision dated December 2, 2008 dismissing 
the previously filed appeal. On December 24, 2008, the petitioner filed a Form I-290B and checked the box 
to indicate that it is appealing the AAO's prior decision dismissing the first appeal. 
The AAO notes that there is no statutory or regulatory provision that permits the petitioner to file more than 
one appeal with regard to the same petition. See 8 C.F.R. 9 103.3(a)(l)(ii). Although 8 C.F.R. 9 103.5(a) 
permits the petitioner to file a motion to reopen or reconsider the AAO's decision on appeal, the Form I-290B 
in the present matter clearly indicates that the petitioner intended to file an appeal rather than a motion, 
apparently seeking to appeal the AAO's decision dismissing the initial appeal. 
As there is no law or regulation permitting the filing of multiple appeals of the same petition, the petitioner's 
current appeal must be rejected. 
ORDER: The appeal is rejected as improperly filed. 
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