dismissed
L-1A
dismissed L-1A Case: Unknown
Decision Summary
The appeal was rejected, as the AAO lacks jurisdiction. According to regulation 8 C.F.R. ยง 214.1(c)(5), there is no appeal from the denial of an application for extension of stay filed on Form I-539.
Criteria Discussed
Jurisdiction To Appeal 8 C.F.R. ยง 214.1(C)(5)
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.dentifving data delelea to prevent b1y unwm 'noltsion of wmal pmlC copy U.S. Department of Homeland Security 20 Massachusetts Ave., N.W., Rm. A3042 Washington, DC 20529 U.S. Citizenship and Immigration IN RE: Application: Application to Extend Status as Spouse or Child of a Nonimmigrant Worker Pursuant to 8 C.F.R. 9 214.2(1)(15)(ii) ON BEHALF OF APPLICANTS: 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. dministrative Appeals Office SRC 04 144 50043 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 applicants filed the application seeking to extend their period of stay as the nonirnrnigrant spouse and minor child of an L-1 intracompany transferee pursuant to 8 C.F.R. tj 214.2(1)(15)(ii). On August 3,2004, the director notified the principal applicant of the denial of her application for extension of stay filed on Form I- 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-IA classification. It is noted that 8 C.F.R. tj 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 Form 1-539. Accordingly, the applicants' appeal must be rejected. ORDER: The appeal is rejected.
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