dismissed EB-1C Case: Multinational Manager/Executive

identifying data deleted to 
prevent clearly unw~ted 
invasion of personal pnvacy 
PUBLIC copy 
DATE: OFFICE: TEXAS SERVICE CENTER 
NOV 1 7 2011 
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 
u.s. Citizenship 
and Immigration 
Services 
FILE: 
Petition: Immigrant Petition for Alien Worker as a Multinational Executive or Manager Pursuant to 
Section 203(b)(I)(C) of the Immigration and Nationality Act, 8 U.S.C. § I I 53(b)(I)(C) 
IN BEHALF OF PETITIONER: SELF -r~_Fr'RrSENTED 
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. 
~erryRhew 
( V hief, 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 (Af\Cn (0" ~ppeal. 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 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.F.R. § J03.Sa(b). The date of filing is not the date of 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 p<'rtine"j rrgnlations 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. § 103.3(a)(2)(v)(8)(2) states that, if an untimely appeal meets the 
requirements of a 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 official having jurisdiction 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. § l03.5(a)(1)(ii). 
As the appeal was untimely filed, the appeal must be rejected. 
ORDER: The appeal is rejected.