dismissed
EB-1C
dismissed EB-1C Case: 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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identifying data deleted to prevent clearly unwarranted invasion of personal privacy 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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