dismissed
EB-2 NIW
dismissed EB-2 NIW Case: Automotive Repair
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Decision Summary
The motions to reopen and reconsider were dismissed because the petitioner's prior motion was determined to be untimely filed. The petitioner failed to provide sufficient evidence that USCIS received the filing within the 33-day deadline, and their argument based on the common law 'mailbox rule' was rejected as it does not apply to USCIS proceedings.
Criteria Discussed
Motion To Reopen Motion To Reconsider Timely Filing
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