dismissed EB-1C Case: Multinational Management

., 
identifYing data deleted to 
prevent clearly unwarranted 
invasion of personal privacy 
U.S. Department of Homeland Security 
U. S. Citizenship and Immigration Services 
Administrative Appeals Office (AAO) 
20 Massachusetts Ave. N.W., MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services PUBUCCOpy 
DATE: JUL 0 3 lOll OFFICE: TEXAS SERVICE CENTER 
INRE: Petitioner: 
Beneficiary: 
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. § I I 53(b)(l)(C) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office in your case. All of the documents 
related to this matter have been returned to the office that originally decided your case. Please be advised that 
any further inquiry that you might have concerning your case must be made to that office. 
Thank you, 
PerryRhew 
Chief, Administrative Appeals Office 
www.uscis.gov 
Page 2 
DISCUSSION: The preference visa petition was denied by the Director, Texas Service Center. The 
petitioner appealed the matter to the Administrative Appeals Office (AAO). The appeal was dismissed. The 
matter is now before the AAO on motion to reopen and reconsider. The motion will be rejected as untimely 
filed. 
The regulation at 8 C.F.R. § 103.5(a)(1)(i) states that in order to properly file a motion to reopen or 
reconsider, the affected party must file the motion within 30 days of service of the decision the motion seeks 
to reconsider or reopen. If the decision was mailed, the appeal must be filed within 33 days. See 8 C.F.R. § 
1 03.8(b). The date of filing is not the date of mailing, but the date of actual receipt. 8 C.F.R. § 103.2(a)(7)(i). 
With regard to the motion to reopen, an untimely filing may be excused in the discretion of the AAO where it 
is demonstrated that the delay was reasonable and was beyond the petitioner's control. 8 C.F .R. § 
103.5(a)( 1 lei). 
The record indicates that the AAO issued a decision on June 30, 2010 and notified the petitioner that it had 30 
days to file the motion. USCIS received the motion in the present matter on September 13, 2010, or 75 days 
after the decision was issued. Therefore, the motion was untimely filed. 
The petitioner did not establish that the delay in filing the motion was reasonable and was beyond the 
petitioner's control. The untimely filing of the motion will not be excused and the untimely filed motion must 
be rejected. See 8 C.F.R. § 103.3(a)(2)(v)(B)(J). 
ORDER: The motion is rejected as untimely filed.