dismissed H-1B Case: Unknown

identifying data deleted to 
prevent clearly unw-ted 
invasion of- Privscy 
PUBLIC COPY 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
FILE: LIN 04 21 8 53210 Office: NEBRASKA SERVICE CENTER Date: JUL 1 4 200(j 
Immigration and Nationality Act, 8 U.S.C. $ 1 10 1 (a)(lS)(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 hrther inquiry must be made to that office. 
Robert P. Wiemann, Chief 
Administrative Appeals Office 
LIN 04 218 53210 
Page 2 
DISCUSSION: The service center director denied the nonirnmigrant 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. 8 103.3(a)(2)(i) provides that the affected party 
must file the complete appeal within 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. 8 103.5a(b). 
The record indicates that the director issued the decision on January 26, 2005. 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 February 26, 2005, it was received by CIS on March 1, 2005, or 34 days after the decision was issued. 
Accordingly, the appeal was untimely filed. 
The regulation at 8 C.F.R. 8 103.3(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.