dismissed EB-1C Case: Unknown

DATE OCT 0 4 2012 
INRE: Petitioner: 
Beneficiary: 
U.S. Department or 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){l)(C) of the Immigration and Nationality Act, 8 U.s.c. § 1153(b)(1)(C) 
ON BEHALF OF PETITIONER: 
SELF -REPRESENTED 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. Please note that all documents have 
been returned to the office that originally decided your case. Please also note that any further inquiry must be 
made to that office. 
Thank you, 
Perry Rhew 
Chief, Administrative Appeals Office 
www.uscis.gov 
· ' 
Page 2 
DISCUSSION: The Director, Texas Service Center, denied the employment-based immigrant visa 
petition, which 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. § 103.3(a)(2)(i) provides that the 
affected party or the attorney or representative of record must submit 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. § 103.8(b). The date of filing is not the date of submission, but the 
date of actual receipt with the required fee. See 8 C.P.R. § 103.2(a)(7)(i). 
The record indicates that the service center director issued the decision on October 28, 2010, and the 
petitioner filed an untimely motion to reopen and reconsider. On April I, 20 II, the service center 
dismissed the motion since it was untimely and the evidence submitted with the motion to reopen 
and reconsider did not overcome the grounds for denial. The petitioner had 33 days from the date of 
the decision to file the appeal. Neither the Immigration and Nationality Act nor the pertinent 
regulations grant the AAO authority to extend this time limit. 
The Porm I-290B was not received by the service center until May 20, 2011, or 49 days after the 
decision was issued. Accordingly, the appeal was untimely filed. 
The regulation at 8 C.P.R. § 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 Director of the 
Texas Service Center. See 8 C.P.R. § 103.S(a)(l )(ii). The director detennined that the late appeal 
did not meet the requirements of a motion and forwarded the matter to the AAO. 
As the appeal was untimely filed, the appeal must be rejected. 
ORDER: The appeal is rejected.