dismissed L-1A Case: Unknown

U.S. Department of I 
20 Massachusetts Av, 
Washington, DC 205 
U.S. Citizens 
and Irnmigi 
Services 
File: WAC 04 078 52585 Office: CALIFORNIA SERVICE CENTER Date: MN 
Petition: Petition for a ~ontmmigrant Worker Pursuant to Section 101(a)(15)(L) of the 
and Nationality Act, 8 U.S.C. 9 1 IOl(a)(l5)(L) 
IN BEHALF OF PETITIONER: 
INSTRUCTIONS : 
This is the decision of the Administrative Appeals Office in your case. All documents have b 
the office that originally decided your case. Any further inquiry must be made to that office. 
-- - Y -- ->-.- _ --- --*IT+--- . / --- -- -&/ 
RGP. Wlemann, Director 
Administrative Appeals Office 
omeland Security 
N.W.. Rm. A3042 
9 
1 0 200s 
nmigration 
en returned to 
WAC 04 078 52585 
Page 2 
DISCUSSION: The Director, California Service Center, denied the nonirnrnigrant visa petiti 
is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be rejec 
filed. 
In order to properly file an appeal, the regulation at 8 C.F.R. 5 103.3(a)(2)(i) provides that th 
must file the complete appeal within 30 days of service of the unfavorable decision. If tk 
mailed, the appeal must be filed within 33 days. See 8 C.F.R. § 103.5a(b). In accordance 
3 103.2(a)(7)(i), an application received in a Citizenship and Immigration Services (CIS) 
stamped to show the time and date of actual receipt, if it is properly signed, executed, and accc 
correct fee. For calculating the date of filing, the appeal shall be regarded as properly filed or 
is so stamped by the service center or district office. 
The record indicates that the director issued the decision on Monday, March 1, 2004. It i! 
director gave notice to the petitioner that it had 30 days to file the appeal, or 33 days if the app 
The record indicates that the director issued the decision via facsimile on March 1,2004 with 
sent by mail. Therefore, as the denial was served via fax and not by mail, the appeal was du 
2004, or 30 days after the decision was faxed to the petitioner. According to the date stamp 
290B Notice of Appeal, it was received by CIS on April 1, 2004, or 3 1 days after the decis 
Accordingly, the appeal was untimely filed. 
'I'he regulation at 8 C.F.R. § 103.3(a)(2)(v)(B)(2) states that, if an untimely appeal meets the re 
motion to reopen or a motion to reconsider, the appeal must be treated as a motion, and a dl 
made on the merits of the case. The official having jurisdiction over a motion is the officia 
last decision in the proceeding, in this case the service center director. See 8 C.F.R. 3 103.: 
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. 
I. The matter 
,d as untimely 
affected party 
decision was 
with 8 C.F.R. 
ffice shall be 
lpanied by the 
;he date that it 
noted that the 
31 was mailed. 
courtesy copy 
on March 3 1, 
In the Form I- 
In was issued. 
uirements of a 
:ision must be 
who made the 
a)(l )(ii). The