dismissed EB-1C Case: Unknown

U.S. Department of Homeland Security 
20 Mass. Ave. N.W., Rm. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
FILE: Office: CALIFORNIA SERVICE CENTER Date: ~EB 0 7 m5 
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. 8 1153(b)(l)(C) 
IN BEHALF OF PETITIONER: 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
the cffice that originally decided your case. Any hrther inquiry must be made to that office. 
Robert P. Wiemann, Director 
Adrninisuative Appeals Office 
DISCUSSION: The Director, California Service Center, denied the employment-based immigrant visa 
petition and a subsequent appeal was dismissed by the Administrative Appeals Office (AAO). The matter is 
now before the AAO on a motion to reopen and reconsider. The motion will be rejected as untimely filed. 
In order to properly file a motion, the regulation at 8 C.F.R. 8 103.5(a)(l)(i) provides that the affected party 
must file the motion 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. 8 103.5a(b). The failure to file before this period expires 
may be excused at the discretion of the AAO where it is demonstrated that the delay was reasonable and 
beyond the control of the petitioner. 8 C.F.R. 5 103.5(a)(l)(i). 
In accordance with 8 C.F.R. 8 103.2(a)(7)(i), an application received in a Citizenship and Immigration 
Selvices (CIS) 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 motion shall be regarded 
as properly filed on the date that it is so stamped by the service center or district office. 
The last decision of the AAO was issued on February 20, 2004. The motion was filed on March 31, 2004, 
more than 40 days after the AAO decision was issuzd. 
Ori motion, !he petitioner has not requested that the failure to file the motion within the 30-day time period be 
excused. As a matter of discretion, the petitioner's failure to file the motion within the period allowed will not 
be excused as either reasonable or beyond the control of the applicant. Accordingly, the motion will be 
rejected as untimely filed. 
ORDER: The motion is rejected as untimely filed.