dismissed EB-1C Case: Unknown

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PUBLIC COPY 
US. Department of Homeland Security 
U. S. Citizenship and Immigration Services 
OBce ofAdministrative Appeals MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
File: Office: TEXAS SERVICE CENTER Date: 
JUN 0 1 2010 
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. All documents have been returned to 
the office that originally decided your case. Any further inquiry must be made to that office. 
\J Perry Rhew 
Chief, Administrative Appeals Office 
Page 2 
DISCUSSION: The Director, Texas Service Center, denied the nonimmigrant 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. 5 103.3(a)(2)(i) provides that the affected party 
must file the 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. 5 103.5a(b). 
In accordance with 8 C.F.R. 5 103.2(a)(7)(i), an application received in a U.S. Citizenship and Immigration 
Services (USCIS) 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 appeal shall be regarded 
as properly filed on the date that it is so stamped by the service center or district office. 
The record indicates that the director issued the decision on February 18, 2009. It is noted that the director 
properly gave notice to the petitioner that it had 33 days to file the appeal. The petitioner initially attempted 
to file the Form I-290B on or about March 19, 2009. However, USCIS rejected the appeal, notifying the 
petitioner via notice dated March 25,2009 that the appeal was not accompanied by the correct filing fee. The 
petitioner was informed of the correct filing fee and subsequently re-filed the appeal, which was received by 
USCIS on April 1,2009, or 42 days after the decision was issued. As the appeal was not received within the 
allowed 33-day time period, it was untimely filed. 
The regulation at 8 C.F.R. 5 103.3(a)(2)(v)(B)(I) states that an appeal which is not filed within the time 
allowed must be rejected as improperly filed. Accordingly, the appeal in the instant case will be rejected as 
untimely filed. 
The regulation at 8 C.F.R. 5 103.3(a)(2)(v)(B)(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 service center director. See 8 C.F.R. 5 103.5(a)(l)(ii). The 
director declined to treat the late appeal as a motion and forwarded the matter to the AAO. 
ORDER: The appeal is rejected as untimely filed.