dismissed EB-1C Case: Multinational Management

PUBLIC COPY 
U.S. Department of Homeland Security 
20 Mass, Rm. A3042,425 1 Street, N.W. 
Washington, DC 20536 
Office: TEXAS SERVICE CENTER Date: 
SRC 04 243 51671 
 AM 1 8 2008 
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. § 1 153(b)(l)(C) 
IN BEHALF OF PETITIONER: 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. A11 documents have been returned to 
the office that originally decided your case. Any further inquiry must be made to that office. 
/ 
Administrative Appeals Office 
Page 2 
DISCUSSION: The Director, Texas Service Center, denied the immigrant visa petition and a subsequent 
appeal was dismissed by the Administrative Appeals Office (AAO). The matter is now before the AAO on a 
motion to reopen. The motion will be rejected as untimely filed. 
In order to properly file a motion, the regulation at 8 C.F.R. 5 103.5(a)(l)(i) provides that the affected party 
must file the motion 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. § 103.5a(b). The failure to file before this period expires 
may be excused at the discretion of the AAO where it is demonstrated that the delay was reasonable and 
beyond the control of the petitioner. 8 C.F.R. 5 103.5(a)(l)(i). 
In accordance with 8 C.F.R. § 103.2(a)(7)(i), an application received in a CIS 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 motion shall be regarded as properly filed on the date that it is so stamped by 
the service center or district office. 
The last decision of the AAO was issued on September 28, 2005. The motion was filed on December 22, 
2005, more than eighty-five days after the AAO decision was issued. 
On motion, the petitioner has not requested that the failure to file the motion within the 30-day time period be 
excused. The petitioner does not assert that the delay in filing the motion was reasonable, and beyond the 
control of the applicant. 
As a matter of discretion, the petitioner's failure to file the motion within the period allowed will not be 
excused as either reasonable or beyond the control of the applicant. Accordingly, the motion will be rejected 
as untimely filed. 
ORDER: The motion is rejected as untimely filed.