dismissed L-1A Case: Unknown

U.S. Department of Homeland Security 
20 Massachusctts Ave. N.W.. Rm. A3042 
Washitiyton. DC 20529 
U. S. Citizenship 
and Immigration 
Flle: SRC 04 105 5 1092 Office: TEXAS SERVICE CENTER Date: 2 8 2005 
IN RE: Petltloner: 
Benefic~ary: 
Petltlon: Pet~t~on for a Non~mm~grant Worker Pursuant to Sect~on 10 1 (a)(15)(1,) of the lmm~gratlon 
and Nat~onaltty Act, 8 U.S.C. 4 1101(a)(15)(1,) 
IN BEHALF OF PETITIONER: 
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. 
- - 
Robert P. Wiemann, D~rector 
Administrative Appeals Office - 
. , 
SRC 04 105 5 1092 
Page 2 
DISCUSSION: The Director, Texas Service Center, denled the non~mmigrant vlsa petition. The matter 1s 
now before the Adm~n~strat~ve Appeals Office (AAO) on appeal. The appeal will be rejected as unt~mely 
filed. 
In order to properly file an appeal, the regulat~on at 8 C.F.R. fj 103.3(a)(2)(1) prov~des that the affected party 
must file the complete appeal wlthln 30 days of service of the unfavorable declslon If the dec~s~on was 
mailed, the appeal must be filed w~thln 33 days. See 8 C.F R. Ej 103.5a(b). In accordance with 8 C.F R 
fj 103.2(a)(7)(i), an appllcatlon received m a Clt~zensh~p and Irnm~grat~on Serv~ces (CIS) office shall be 
stamped to show the t~me and date of actual rece~pt,  fit 1s properly s~gned, executed, and accompanied by the 
correct fee. For calculating the date of fihng, the appeal shall be regarded as properly filed on the date that lt 
IS so stamped by the service center or d~stnqt office. 
The record ~nd~cates that the director ma~led the decls~on on July 8,2004. It IS noted that the d~rector properly 
gave notlce to the petitloner that ~t had 33 days to file the appeal. Accord~ng to the date stamp on the Fonn 
I-290B Not~ce of Appeal, ~t was rece~ved by CIS on Wednesday, August 11, 2004, or 34 days after the 
dec~sion was Issued. Accord~ngly, the appeal was unt~mely filed.' 
The regulat~on at 8 C.F.R. fj 103,3(a)(2)(v)(B)(Z) states that, if an unt~mely appeal meets the requ~rements of a 
mot~on to reopen or a mot~on to reconsider, the appeal must be treated as a motlon, and a decis~on must be 
made on the merlts of the case. The official hav~ng jurisdlctlon over a motlon is the offic~al who made the 
last declsion in the proceedmg, m th~s case the servlce center director. See 8 C.F.R. 3 103.5(a)(l)(l1). The 
d~rector declined to treat the late appeal as a motion and forwarded the matter to the AAO. 
As the appeal was untimely filed, the appeal must be rejected. 
ORDER: The appeal is rejected. 
The AAO notes that the Form I-290B Not~ce of Appeal ldentlfies an unrelated benelclary- 
but ~dent~fies the correct file number (SRC 04 105 51092) for this matter. There 1s no other documentat~on 
clar~fy~ng the reason for th~s discrepancy. Regardless, the file contalns counsel's USPS Pr~or~ty Mall 
envelope In wh~ch the appeal was ma~led. The envelope 1s also date stamped August 11. 2004, thereby 
confirming that thls appeal was unt~mely filed.