dismissed
L-1A
dismissed L-1A Case: Intracompany Transferee
Decision Summary
The appeal was rejected because the AAO lacks jurisdiction to review the case. The governing regulation, 8 C.F.R. ยง 214.1(c)(5), states that there is no appeal from the denial of an application for extension of stay filed on Form I-539, which was the form filed by the applicant.
Criteria Discussed
Right To Appeal Jurisdiction Extension Of Stay (Form I-539)
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MM?dfvw aata aaeoed to t dearly unnsrrsntolt P=- invasion of ~ersonal D~V~P PUBLIC COPY U.S. Department of Homeland Security 20 Massachusetts Ave., N.W., Rm. A3042 Washington, DC 20529 U. S. Citizenship and Immigration File: SRC 04 073 51639 Office: TEXAS SERVICE CENTER Date: MAY 1 0 2006 IN RE: Applicant: Application: Application to Extend Status as Spouse of a Nonimmigrant Worker Pursuant to 8 C.F.R. g 2 14.2(1)(15)(ii) ON BEHALF OF APPLICANT: 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. --&$ obert P. Wieman ief @ dministrative peals Office SRC 04 073 5 1639 Page 2 DISCUSSION: The Director, Texas Service Center, denied the application for an extension of nonimmigrant status. The matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be rejected. The applicant filed the application seeking to extend her period of stay as the nonimmigrant spouse of an L-1 intracompany transferee pursuant to 8 C.F.R. 9 2 14.2(1)(15)(ii). On July 2 1,2004, 2004, the director notified the applicant of the denial of her application for extension of stay filed on Form 1-539, as the applicant's spouse's nonimmigrant petition had been denied on that date. The principal applicant, through counsel, filed a Form I-290B in an attempt to appeal the decision of the director. On appeal, counsel asserts that the application should have been approved, as the record sufficiently demonstrates that the applicant's spouse is qualified for the extension of status sought in L-1A classification. It is noted that 8 C.F.R. 9 214.1(~)(5) states that there is no appeal from the denial of an application for extension of stay filed on Form 1-129 or 1-539. Accordingly, the applicant's appeal must be rejected. ORDER: The appeal is rejected.
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