dismissed L-1A Case: Unknown

U.S. Department of Homeland Security 
20 Massachusetts Ave. N.W., Rm. A3042 
Washington, DC 20529 
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PUBLIC COPY 
File: WAC 04 125 54068 Office: CALIFORNIA SERVICE CENTER Date: 2 8 2005 
Petition: Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(15)(L) of the Immigration 
and Nationality Act, 8 U.S.C. fj 1 101 (a)(15)(L) 
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. 
-/- /- 
f --< RobG3-P. Wiemann, Director 
Administrative Appeals Office 
WAC 04 125 54068 
Page 2 
DISCUSSION: The Director, California Service Center, denied the nonirnmigrant 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. 9 103.3(a)(2)(i) provides that the affected party 
must file the complete appeal within 30 days of service of the unfavorable decision. If the decision was 
mailed, the appeal must be filed within 33 days. See 8 C.F.R. 103.5a(b). In accordance with 8 C.F.R. 
9 103.2(a)(7)(i), an application received in a Citizenship and Immigration Services (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 July 13, 2004. It is noted that the director gave 
notice to the petitioner that it had 30 days to file the appeal, or 33 days if the appeal was mailed. The record 
indicates that the director issued the decision via facsimile on July 13, 2004. Therefore, as the denial was 
served via fax and not by mail, the appeal was due on Thursday, August 12, 2004, or 30 days after the 
decision was faxed to the petitioner. According to the date stamp on the Form I-290B Notice of Appeal, it 
was received by CIS on Monday, August 16,2004, or 34 days after the decision was issued. Accordingly, the 
appeal was untimely filed. 
The regulation at 8 C.F.R. $ 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. 9 103.5(a)(l)(ii). The 
director 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.