dismissed EB-1C Case: Unknown

U.S. Department of Homeland Security 
U. S. Citizenship and Immigration Services 
Ofice of Administrative Appeals MS 2090 
Washington, DC 20529-2090 
U. S. Citizenship 
and Immigration 
Date: 
DEC 0 4 2009 
WAC 97 052 52936 
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. 5 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. 
If you believe the law was inappropriately applied or you have additional information that you wish to have 
considered, you may file a motion to reconsider or a motion to reopen. Please refer to 8 C.F.R. § 103.5 for 
the specific requirements. All motions must be submitted to the office that originally decided your case by 
filing a Form I-290B, Notice of Appeal or Motion, with a fee of $585. Any motion must be filed within 30 
days of the decision that the motion seeks to reconsider, as required by 8 C.F.R. 103.5(a)(l)(i). 
Perry Rhew 
 */ 
Chief, Administrative Appeals Office 
DISCUSSION: The Director, Vermont Service Center, revoked approval of the nonimmigrant visa petition. 
The matter is currently before the Administrative Appeals Office (AAO) on appeal. The appeal will be 
rejected as untimely filed. 
Pursuant to the regulation at 8 C.F.R. 8 205.2(d), in order to properly file an appeal fiom a decision revoking 
approval of a petition it must be filed within 15 days after the service of the notice of the revocation with an 
additional three days given to petitioners served with the notice by mail. See 8 C.F.R. 4 103.5a(b). Service is 
considered complete upon the mailing of the notice of revocation. See id. 
In accordance with 8 C.F.R. 8 103.2(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 June 1,2006. The director properly informed the 
petitioner that it had 18 days from the date the notice was issued to file a timely appeal. With regard to the 
date of service of the revocation notice, counsel argues that the appeal should be deemed timely so long as it 
is received by USCIS within 18 days of the date the petitioner receives the adverse notice. However, as 
indicated above, the regulation at 8 C.F.R. tj 103.5a(b) clearly states that service is considered complete upon 
the mailing of the notice. Moreover, counsel admits that his office received the notice of revocation on June 
14, 2006. Thus, the petitioner had adequate time in which to timely file a Form I-290B, permitting the 
petitioner an opportunity to submit an appellate brief within 30 days of filing the actual form. 
In the present matter, the petitioner filed an appeal, which was received by USCIS on Tuesday, June 20,2006, 
or 19 days after the decision was issued. Therefore, the appeal was untimely filed. Although the AAO 
acknowledges the petitioner's notice in which the petitioner informed USCIS of its change of address as of 
January 1, 2006, the petitioner dated that notice June 15, 2006, thus indicating that the change of address had 
not been submitted to USCIS prior to the date the notice of revocation was issued.' In summary, the 
petitioner failed to file a timely appeal disputing the director's revocation of the Form 1-140 approval in the 
present matter. There is no law or regulation that grants the director the authority to extend this deadline or 
the AAO the discretionary authority to overlook the prescribed time constraint. 
The regulation at 8 C.F.R. 8 103.3(a)(2)(v)(B)(I) states that an appeal which is not filed within the time 
allowed must be rejected as improperly filed. However, the regulation at 8 C.F.R. 3 103.3(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. 
I 
 Counsel fkther claims that "he," apparently referring to the beneficiary, received his 1-485 denial notice but never 
received the director's decision to revoke the petitioner's immigrant petition. It is noted, however, that the petitioner, as a 
separate legal entity and as the affected party, should not be confused with the beneficiary. Therefore, whether the 
beneficiary, as an unaffected party in these proceedings, received a copy of the revocation notice for the petitioner's 
immigrant petition is irrelevant. 
A motion to reopen must state the new facts to be proved in the reopened proceeding and be supported by 
affidavits or other documentary evidence. 8 C.F.R. fj 103.5(a)(2). A motion to reconsider must state the 
reasons for reconsideration and be supported by any pertinent precedent decisions to establish that the 
decision was based on an incorrect application of law or Service policy. A motion to reconsider a decision on 
an application or petition must, when filed, also establish that the decision was incorrect based on the 
evidence of record at the time of the initial decision. 8 C.F.R. fj 103.5(a)(3). A motion that does not meet 
applicable requirements shall be dismissed. 8 C.F.R. 5 103.5(a)(4). 
Here, although the petitioner cites a precedent decision, the cited decision merely reiterates the USCIS burden 
or proof when revoking a prior approval. Counsel makes no argument nor cites relevant precedent case law 
establishing that USCIS failed to meet its burden. Thus, the untimely appeal does not meet the requirements 
of a motion to reopen or a motion to reconsider. Therefore, there is no requirement to treat the appeal as a 
motion under 8 C.F.R. 5 103.3(a)(2)(v)(B)(2). 
As the appeal was untimely filed and does not qualify as a motion, the appeal must be rejected. 
ORDER: 
 The appeal is rejected as untimely filed.