dismissed L-1A

dismissed L-1A Case: Shipping Logistics

📅 Date unknown 👤 Company 📂 Shipping Logistics

Decision Summary

The motion to reopen was denied because it was filed untimely. The AAO served its unfavorable decision on the initial appeal on January 19, 2018, but did not receive the petitioner's motion until February 23, 2018, which was 35 days later and outside the 33-day filing deadline.

Criteria Discussed

Timely Filing Of A Motion

View Full Decision Text

U.S. Citizenship 
and Immigration 
Services 
MATTER OF S-H-Y -L- LTD. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: APR. 3, 2018 
MOTION ON ADMINISTRATIVE APPEALS OFFICE DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a foreign entity planning to operate a shipping logistics business, seeks to temporarily 
employ the Beneficiary as CEO of a new otlice under the L-1 A nonimmigrant classification for 
intracompany transferees. See Immigration and Nationality Act (the Act) 
§ I 0 I (a)( 15)(L), 8 U.S.C. § II 0 I (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 
motion to reopen. 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)(J)(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 19, 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 February 23, 2018, which is 35 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. 
Cite as Muller ofS-H-Y-L-I.ld, ID# 1495887 (AAO Apr. 3, 2018)

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