dismissed L-1A Case: Business

U.S. Citizenship 
and Immigration 
Services 
MATTER OF QNNS- (USA) INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAR. 19,2018 
MOT! ON ON ADMIN!STRA TlVE APPEALS OFFICE DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, which sells safes, seeks to extend the Beneficiary's temporary employment as its 
president and chief executive officer under the L-1 A nonimmigrant classification for intracompany 
transferees. See Immigration and Nationality Act section IOI(a)(l5)(L), 8 U.S.C. § 110l(a)(l5)(L). 
The Director of the California Service Center denied the petition and we dismissed the subsequent 
appeal. The matter is now before us on a motion to reopen and motion to reconsider. Upon review, 
we will deny the motions as untimely 1iled. 
A motion must be tiled within 33 calendar days of the date that the unfavorable decision was served 
by mail. 8 C.F.R. §§ 103.5(a)(l)(i); !03.8(b). The tiling date is the day USCJS receives the motion 
at the designated filing location, not the date the Petitioner mailed the motion. 8 C.F.R. 
§ 1 03.2(a)(7)(i). 
On December 12, 2017, we dismissed the Petitioner's appeal and served the unfavorable decision by 
mail. The decision stated that the Petitioner may 1ile a motion within 33 days. USCIS received the 
motion on February 5, 2018, which is 55 days after the service date of the unfavorable decision. We 
note that the record indicates USCIS received, but rejected, a prior motion tiling attempt on January 
17, 2018. However, a rejected liling does not retain a 1iling date. 8 C.F.R. § 1 03.2(a)(7)(ii). Even if 
the motion did retain the January, 17, 2018, receipt date, that date is 36 days after the service date of 
the unfavorable decision .. Accordingly, we are denying the motion as untimely filed. 
ORDER: The motion to reopen is denied. 
FURTHER ORDER: The motion to reconsider is denied. 
Cite as Maller o{QNNS- (USA) Inc., !D# 1410129 (AAO Mar. 19, 2018)