dismissed EB-3 Case: Unknown

PUBLIC COP 1 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington. DC 20529 
U.S. Citizenship 
and Immigration 
File: WAC-04-0 16-52579 Office: CALIFORNIA SERVICE CENTER Datsp 2 8 2006 
In re: Petitioner: 
Beneficiary: 
Petition: 
 Immigrant petition for Alien Worker as a Skilled Worker or Professional pursuant to section 
203(b)(3) of the Immigration and Nationality Act, 8 U.S.C. 5 1 153(b)(3) 
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. 
-s"T0'z y , ' 
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obert P. Wiemann, Chief 
Administrative Appeals Office 
WAC-04-01 6-52579 
Page 2 
DISCUSSION: The Director, California Service Center, denied the immigrant visa petition. The matter is now 
before the Administrative Appeals Office (AAO) on appeal. The appeal will be rejected as untimely filed. 
In order to properly file an appeal, the regulation at 8 C.F.R. 9 103.3(a)(2)(i) provides that the affected party must 
file the complete appeal within 30 days of after service of the unfavorable decision. If the decision was mailed, 
the appeal must be filed within 33 days. See 8 C.F.R. 9 103.5a(b). 
The record indicates that the director issued the decision on March 15, 2005. It is noted that the director 
properly gave notice to the petitioner that it had 33 days to file the appeal. Although counsel dated the appeal 
April 15, 2005, it was received by Citizenship and Immigration Services (CIS) on April 22, 2005, or 38 days 
after the decision was issued. Accordingly, the appeal was untimely filed. 
The regulation at 8 C.F.R. 9 103.3(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. The official having jurisdiction over a motion is the official who made the last decision 
in the proceeding, in this case the service center director. See 8 C.F.R. 9 103.5(a)(l)(ii). The director declined to 
treat the late appeal as a motion and forwarded the matter to the AAO. 
As the appeal was untimely filed, the appeal must be rejected. 
ORDER: The appeal is rejected.