dismissed EB-1C Case: Unknown

(b)(6)
_.> •:!..._. 
DATE:FEB 0 5 2013 . 
INRE: Petitioner: 
Beneficiary: . 
OFFICE: TEXAS SERVICE CENTER 
U.S. Department of Homeland Security 
U.S . Citizenship and lmmigrati(>ll S.:r\'in:s 
Administrative Appeals Office IAAOl 
20 Massachusetts Ave. N.W .. MS 2090 
Washington. DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
FILE: 
Petition: Immigrant Pe~ition 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. § 1153(h)( I )(C) 
IN BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office in your case. All of the documents 
related to this matter have been returned to the office that originally decided your case . Please be advised that 
any further inquiry that you might have concerning your case must be made to that office. 
www.uscls.gov 
(b)(6)
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Page~ 
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.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. 8 C.F.R. § 103.8(b). The date of filing is not the date of mailing, but the actual 
receipt of receipt at the designated filing location. 8 C.F.R. § 103.2(a)(7)(i). · 
The record indicates that the service center director issued the decision on February B. 2012. 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 AAOauthority to extend this time 
limit. 
Although counsel dated the Form 1-2908, Notice of Appeal or Motion, on March 8, 2012, it was not 
received by the designated filing location until Tuesday, March 13, 2012, or 34 days after the 
decision was issued. Accordingly, the appeal was untimely filed. 
The regulation at 8 C.F.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. 
arid 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. § 103.5(a)(l)(ii). The director declined to treat the appeal as 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.