dismissed EB-1C

dismissed EB-1C Case: Multinational Management

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Multinational Management

Decision Summary

The appeal was rejected because it was filed untimely. The decision was issued on September 16, 2011, requiring an appeal within 33 days, but the appeal was not received until October 28, 2011, 42 days after the decision.

Criteria Discussed

Timely Filing Of Appeal

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View Full Decision Text
DATE: DEC 1 72012 
INRE: Petitioner: 
Beneficiary: 
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 
OFFICE: TEXAS SERVICE CENTER 
Petition: Immigrant Petition for Alien Worker as a Multinational Executive or Manager Pursuant to 
Section 203(b)(1)(C) of the Immigration and Nationality Act, 8 U.S.c. ยง 1 I 53(b)(l)(C) 
IN 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. 
Ron Rosenberg 
Acting 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.P.R. ยง 103.3(a)(2)(i) provides that the affected party 
or the attorney or representative of record must 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.P.R. ยง 
103.8(b). The date of filing is not the date of mailing, but the date of actual receipt. See 8 C.P.R. ยง 
103.2(a)(7)(i). 
The record indicates that the service center director issued the decision on September 16, 20 II. 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 record shows that the Porm I-290B was received by the service center on October 28, 2011, or 42 days 
after the decision was issued. Accordingly, the appeal was untimely filed. 
As the appeal was untimely filed, the appeal must be rejected. 
ORDER: The appeal is rejected. 
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