dismissed L-1A Case: Unknown

U.S. Department of Homeland Security 
20 Massachusetts Ave. N.W., Rm. A3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
Services 
File: SRC 04 168 5 1897 Office: TEXAS SERVICE CENTER Date: YI)M .2 m 
IN RE: Petitioner: 
Beneficiary: 
Petition: Petition for a Nonirnrnigrant Worker Pursuant to Section 101(a)(15)(L) of the Immigration 
and Nationality Act, 8 U.S.C. 9 1 101(a)(15)(L) 
IN BEHALF OF PETITIONER: 
SELF-REPRESENTED 
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. 
i 
fit Adm~nistrative Appeals Office 
SRC 04 168 5 1897 
Page 2 
DISCUSSION: The Director, Texas Service Center, denied the nonimrnigrant visa petition. The matter is 
now before the Administrative Appeals Office (AAO) on appeal. The appeal will be rejected as untimely 
filed. 
In order to properly file an appeal, the regulation at 8 C.F.R. 3 103.3(a)(2)(i) provides that the affected party 
must file the complete appeal with the office where the unfavorable decision was made within 30 days after 
service of the decision. If the decision was mailed, the appeal must be filed within 33 days. See 8 C.F.R. 
tj 103.5a(b). In accordance with 8 C.F.R. 3 103.2(a)(7)(i), an application received in a CIS office shall be 
stamped to show the time and date of actual receipt, if it is properly signed, executed, and accompanied by the 
correct fee. For calculating the date of filing, the appeal shall be regarded as properly filed on the date that it 
is so stamped by the service center or district office. 
The record indicates that the director issued the decision on June 26, 2004. It is noted that the director 
properly gave notice to the petitioner that it had 33 days to file the appeal, and instructed the petitioner to file 
the appeal with the Texas Service Center. The record shows that the Form I-290B were improperly submitted 
to the AAO on July 28,2004 and returned to the petitioner on July 29, 2004. According to the date stamp on 
the Form I-290B Notice of Appeal, it was received by CIS as properly filed on August 10, 2004, or 45 days 
after the decision was issued. Accordingly, the appeal was untimely filed. 
The regulation at 8 C.F.R. 3 103.3(a)(2)(v)(B)(2) states that, if an untimely appeal meets the requirements of a 
motion to reopen or a motion to reconsider, the appeal must be treated as a motion, and a decision must be 
made on the merits of the case. The official having jurisdiction over a motion is the official who made the 
last decision in the proceeding, in this case the service center director. See 8 C.F.R. 5 103.5(a)(l)(ii). The 
director declined to treat the late appeal as a motion and forwarded the matter to the AAO. Review of the 
record indicates that the appeal does not meet the requirements of a motion to reopen or a motion to reconsider. 
As the appeal was untimely filed, the appeal must be rejected. 
ORDER: The appeal is rejected.