H-1B Dismissed — Software Development (2005): the appeal was rejected and dismissed as untimely filed

Decision Summary

The appeal was rejected and dismissed as untimely filed. The petitioner filed the appeal 35 days after the director's decision was mailed, exceeding the 33-day filing deadline (30 days plus a 3-day mailing period). The AAO also noted that the director had declined to treat the late appeal as a motion to reopen or reconsider.

Criteria Discussed

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