remanded
EB-1C
remanded EB-1C Case: Optical Services
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Decision Summary
The appeal was formally rejected because regulations state that no appeal can be made from a denial for abandonment. However, the case was remanded because the AAO found the director's denial for abandonment was incorrect and premature, as the petitioner's response period had not yet expired. The director was instructed to treat the filing as a motion and reconsider the case.
Criteria Discussed
Denial For Abandonment Motion To Reopen/Reconsider Jurisdiction
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