dismissed H-1B Case: Software Engineering

ihtirj.ing data deleted to 
prevent clearly unwarranted 
invgsion of personal privacy 
PUBLIC COPY 
U.S. Department of Homeland Security 
20 Mass Ave., N.W., Rm. A3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
Services 
FILE: EAC o 1 2 17 5 1967 Office: VERMONT SERVICE CENTER me: JUN 0 6 2006 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section lOl(a)(IS)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 5 1 101(a)(l 5)(H)(i)(b) 
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. 
Robert P. Wiemann, Chief 
Administrative Appeals Office 
EAC 01 217 51967 
Page 2 
DISCUSSION: The Director of the Texas Service Center denied the nonimmigrant visa petition. The director's 
decision was then appealed to the Administrative Appeals Office (AAO). That appeal was dismissed by the 
AAO. The petitioner then filed a motion to reopen pursuant to 8 C.F.R. § 103.5. The motion to reopen was 
dismissed by the AAO. The matter is now before the AAO on a motion to reconsider. The motion will be 
dismissed. The previous decisions of the AAO will be affirmed. 
The petitioner is an auto-body repair business that seeks to employ the beneficiary as an application software 
engineer. The director denied the petition on the basis that the offered position did not qualify as a specialty 
occupation. The AAO thereafter dismissed the petitioner's appeal on the same ground. The AAO also 
dismissed the petitioner's subsequent motion to reconsider. 
In order to properly file a motion to reconsider, the regulation at 8 C.F.R. 5 103.5(a)(l)(i) provides that the 
affected party must file the motion within 30 days of the decision that the motion seeks to reconsider. 
The record indicates that the AAO issued the decision denying the motion to reopen on July 12, 2004. The 
motion to reconsider was received by CIS on August 24, 2004, or 43 days after the decision was issued. 
Accordingly, the motion was untimely filed. 
As the motion was untimely filed, the motion must be dismissed. 
ORDER: The motion is dismissed. The petition is denied.