dismissed EB-1C Case: Multinational Management

identifying data deleted to 
prevent clearly unwarranted 
invasioD ()fpersonal pri~ 
PUBLIC copy 
DATE: OFFICE: TEXAS SERVICE CENTER 
NOV 1 7 1:011 
IN RE: Petitioner: 
Beneficiary: 
U.S. Department of Homeland Securit) 
U. S. Citizenship and Immigration Services 
Administrative Appeals Office (AAO) 
20 Massachusetts Ave. N.W., MS 2090 
Washington, DC 20529-2090 
US_ Citizenship 
and Immigration 
Services 
FILE: 
Petition: Immigrant Petition for Alien Work~t as a Multinational Executive or Manager Pursuant to 
Section 203(b)(1)(C) of the Immigration and Nationality Act, 8 U.S.c. § 1153(b)(I)(C) 
IN BEHALF OF PETITIONER: SELF-REPRESENTED 
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. 
L Perry Rhew 
(V Chief, Administrative Appeals Office 
www.uscis.gov 
Page 2 
DISCUSSION: The Director, Texas Service Center, denied the immigrant visa petition. The matter is now 
before the Administrative Appeals Office (AAO) on appeal. The appeal will be rejected as untimely filed. 
In order to properly file an appeal, the regulation at 8 C.F.R. § 103.3(a)(2)(i) provides that the affected party 
or the attorney or representative of record r.1Ust file the complete appeal within 30 days of service of the 
unfavorable decision. If the decision was mailed, the appeal must be filed within 33 days. See 8 C.F .R. § 
103.Sa(b). The date of filing is not the date ('If mailing, but the date of actual receipt. See 8 C.F.R. § 
103 .2( a )(7)(i). 
The record indicates that the service center director issued the decision on September 26, 2009. It is noted 
that the service center director properly gave notice to the petitioner that it had 33 days to file the appeal. 
Neither the Act nor the pertinent regulations grant the AAO authority to extend this time limit. 
The service center received the appeal on November 2, 2009, or 37 days after the decision was issued. 
Accordingly, the appeal was untimely filed. 
The regulation at 8 C.F.R. § I03.3(a)(2)(v)(B)(2) states that, ifan untimely appeal meets the requirements ofa 
motion to reopen or a motion to reconsider .. the appeal must be treated as a motion, and a decision must be 
made On the merits of the case. The ofiic:ai :";'·;.u .. ;urisdiction over a motion is the official who made the 
last decision in the proceeding, in this case the Director of the Texas Service Center. See 8 C.F.R. 
§ 103.5(a)(I)(ii). 
As the appeal was untimely filed, the appeal must be rejected. 
ORDER: The appeal is rejected.