dismissed H-1B Case: Unknown

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
Services h, 
FILE: WAC 04 129 50474 Office: CALIFORNIA SERVICE CENTER Date: df'd 3 0 2006 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(lS)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 5 1 lOl(a)(lS)(H)(i)(b) 
024 BEHALF OF PETITIONER: 
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, Director 
Administrative Appeals Office 
WAC 04 129 50474 
Page 2 
DISCUSSION: The service center director denied the nonimrnigrant visa petition and the matter is now before 
the Administrative Appeals Office (AAO) on appeal. The appeal will be rejected pursuant to 8 C.F.R. 
5 103.3(a)(2)(v)(B)(I) as untimely filed. 
In order to properly file an appeal, the regulation at 8 C.F.R. 103.3(a)(2)(i) provides that the affected party 
must file the complete appeal withn 30 days of service of the unfavorable decision. If the decision was mailed, 
the appeal must be filed within 33 days. See 8 C.F.R. 5 103.5a(b). 
The record indicates that the director issued the decision on July 11, 2004. It is noted that the director properly 
gave notice to the petitioner that it had 33 days to file the appeal. Although the petitioner dated the appeal August 
4,2004, it was received by Citizenship and Zmrmgration Services (CIS) on August 18,2004, or 33 days after the 
decision was issued. Accordingly, the appeal was untimely filed. 
The regulation at 8 C.F.R. § 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. 5 103.5(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.