dismissed EB-1C Case: Retail

MATTER OF A-H- INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAR. 30, 20 I 7 
MOTION ON ADMINISTRATIVE APPEALS OFFICE DECISION 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a furniture retailer, seeks to permanently employ the Beneficiary as its president under 
the first preference immigrant classification for multinational executives or managers. See 
Immigration and Nationality Act (the Act) section 203(b)(l)(C), 8 U.S.C. § 1153(b)(l)(C). This 
classification allows a U.S. employer to permanently transfer a qualified foreign employee to the United 
States to work in an executive or managerial capacity. 
The Director of the Texas Service Center denied the petition and affirmed the denial after reopening 
the case on the Petitioner's motion. We dismissed the subsequent appeal. The matter is now before 
us on a motion to reopen and a motion to reconsider. Upon review, we will deny the motions 
assigned this receipt number as untimely filed. 
A motion must be filed within 33. calendar days of the date that the unfavorable decision was served 
by mail. 8 C.F.R. §§ 1 03.5(a)(l )(i), 103.8(b ). The filing date is the day USCIS receives the motion 
at the designated filing location, not the date the Petitioner mailed the motion. 8 C.F.R. 
§ 103 .2( a)(7)(i). 
On October 19, 2016, we dismissed the Petitioner's appeal and served the unfavorable decision by 
mail. The decision stated that the Petitioner may tile a motion within 33 days. USCIS received the 
motions assigned a receipt number ending in 7 on November 23, 2016, which is 35 days after the 
service date of the unfavorable decision. Accordingly, we are denying these motions as untimely 
filed. 
Prior to these motions, USCJS received a duplicate motion to reopen and a motion to reconsider 
assigned a receipt number ending in 2. We reviewed the merits of those motions and issued a 
separate decision. 
ORDER: The motion to reopen is denied. 
FURTHER ORDER: The motion to reconsider is denied. 
Cite as Matter of A-H- Inc., ID# 288874 (AAO Mar. 30, 2017)