dismissed EB-2 Case: Unknown

(b)(6)
DATE: OFFICE: NEBRASKA SERVICE CENTER 
MAR 1 9 2013 
INRE: Petitioner: 
Beneficiary: 
U.S . .Department of Homeland Security 
U.S. Citizenship and Immigration Services 
Administra tive Appeals Office (AAO) 
20 Massachusetts Ave., N.W., MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
FILE: 
PETITION: Immigrant Petition for Alien Worker as a Member of the Professions Holding an Advanced 
Degree or an Alien of Exceptional Ability Pursuant to Section 203(b )(2) of the Immigration 
and Nationality Act, 8 U.S.C. § 1153(b)(2) 
ON 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. 
Thank you, 
Ron Rosenberg 
Acting Chief, Administrative Appeals Office 
www.uscis.gov 
(b)(6)
Page 2 
DISCUSSION: The Director, Nebraska Service Center, revoked the approval of the employment­
based immigrant visa petition. The petitioner appealed the decision to the Administrative Appeals 
Office (AAO). The appeal will be rejected as untimely filed. 
The petitioner must appeal a decision to revoke the approval of a petition within 15 days of service. 
8 C.P.R. § 205.2(d). If the unfavorable decision was mailed, the appeal must be filed within 18 
days. 8 C.P.R. § 103.8(b). An untimely appeal must be rejected as improperly filed. Neither the 
Immigration and Nationality Act (the Act), 8 U.S.C. § 1153(b)(2) nor the regulations grant the AAO 
authority to extend this time limit. 
The filing date is the actual date of receipt at the location designated for filing. 8 C.P.R. § 
103.2(a)(7)(i). The appeal must be signed and submitted with the correct fee. /d. 
The director issued the decision revoking the approval of the petition on September 14, 2012. The 
petitioner filed the Form I-290B, Notice of Appeal, on October 15, 2012, or 31 days after the 
decision was issued. Accordingly, the appeal is untimely. 
If an untimely appeal meets the requirements of a motion to reopen or reconsider, the appeal must be 
treated as a motion, and a decision must be made on the merits of the case. 8 C.P.R. § 
103.3(a)(2)(v)(B)(2). The official having jurisdiction over a motion is the official who made the last 
decision in the proceeding, in this case the Director, Nebraska Service Center. 8 C.P.R. 
§ 103.5(a)(1)(ii). The matter is returned to the director. If the director determines that the untimely 
appeal meets the requirements of a motion, the motion shall be granted and a new decision will be 
issued. If the director determines that the untimely appeal does not meet the requirements of a 
motion, no new decision will be issued. 
The untimely appeal must be rejected pursuant to 8 C.P.R. § 103.3(a)(2)(v)(B)(l). 
ORDER: The appeal is rejected.