sustained EB-1C

sustained EB-1C Case: Multinational Executive Or Manager

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Multinational Executive Or Manager

Decision Summary

The decision sustains a motion to reopen and withdraws a prior AAO decision from December 21, 2005. This action was taken to correct a clerical error after the petitioner's counsel confirmed that a previous motion had been filed in this case by mistake.

Criteria Discussed

Motion To Reopen 8 C.F.R. ยง 103.5(A)(5)

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identifying data deleted to 
prevent clearly unwarranted 
invasion of personal privacy 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
f'UBLIC COPY 
44 
Office: TEXAS SERVICE CENTER Date: MAY 1 0 2006 
SRC 03 026 50612 
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) 
ON 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. 
7 Robert P. Wiemann, Chief 
Administrative Appeals Office 
Page 2 
DISCUSSION: The instant matter is before the Administrative Appeals Office (AAO) on Citizenship and 
Immigration Services' (CIS) motion to reopen. In a prior unrelated proceeding (A97 260 619, SRC 04 016 
51235), the petitioner's counsel mistakenly referenced the instant A-number on the Form I-290B, Notice of 
Appeal. Consequently, the AAO considered counsel's request to reopen or reconsider the instant matter and 
dismissed the motion. The record now contains a December 9, 2005 letter from counsel acknowledging her 
clerical error, and confirming that she did not intend to file a motion to reopen or reconsider the AAO's 
January 1 1, 2005 decision in this matter. Pursuant to the regulation at 8 C.F.R. $ 103.5(a)(5), the AAO will 
reopen the matter and withdraw its prior decision. 
The regulation at 8 C.F.R. $ 103.5(a)(5)(i) states: 
When a [CIS] officer, on his or her own motion, reopens a [CIS] proceeding or reconsiders a 
[CIS] decision in order to make a new decision favorable to the affected party, the [CIS] 
officer shall combine the motion and the favorable decision in one action. 
Upon its motion to reopen, the AAO will withdraw its prior December 2 1,2005 decision. 
ORDER: The AAO's December 2 1,2005 decision is withdrawn. 
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