dismissed L-1A

dismissed L-1A Case: E-Commerce

📅 Date unknown 👤 Company 📂 E-Commerce

Decision Summary

The motion to reconsider was denied because it was untimely filed. The motion was received 46 days after the unfavorable decision was served, which is beyond the 33-day filing deadline. A previous attempt to file was rejected for being sent to the incorrect office and did not secure a filing date.

Criteria Discussed

Timeliness Of Motion

View Full Decision Text

MATTER OF H-L-N-A- LLC 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAY 9, 2018 
MOTION ON ADMINISTRATIVE APPEALS OFFICE DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, planning to sell merchandise using an e-commerce platform and "offline physical 
shops," seeks to temporarily employ the Beneficiary as the chief operations officer of its new office 
under the L-1 A nonimmigrant classification for intracompany transferees. See Immigration and 
Nationality Act (the Act)§ IOI(a)(I5)(L), 8 U.S.C. § 110l(a)(I5)(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 reconsider. Upon review, we will deny the 
motion as untimely filed. 
A motion must be filed within 33 calendar days of the date that the unfavorable decision was served 
by mail. 8 C.F.R. §§ 103.5(a)(I)(i); 103.8(b). The filing date is the day USCIS receives the motion 
at the designated filing location, not the date the Petitioner mailed the motion. 8 C.F .R. 
§ I 03 .2(a)(7)(i). 
On January 25, 2018, we dismissed the Petitioner's appeal and served the unfavorable decision by 
mail. The decision stated that the Petitioner may file a motion within 33 days. USCIS received the 
motion on March 12, 2018, which is 46 days after the service date of the unfavorable decision. We 
note that the Petitioner's previously attempt to timely file the motion was rejected because it was 
filed with the incorrect office. When our office rejects a motion, the motion does not retain a filing 
date that can be applied to a later filing. See 8 C.F.R. § I 03.2(a)(7)(ii)-(iii). Accordingly, we are 
denying the motion as untimely filed. 
ORDER: The motion to reconsider is denied. 
Cite as Matter of H-L-N-A- LLC, lD# 1575967 (AAO May 9, 2018)

Using this case in a petition? Let MeritDraft draft the argument →

Avoid the mistakes that led to this denial

MeritDraft learns from dismissed cases so your petition avoids the same pitfalls. Get arguments built on winning precedents.

Avoid This in My Petition →

No credit card required. Generate your first petition draft in minutes.