dismissed L-1A Case: Unknown

identifving deta deleted to 
prevent clearly unwamnted 
invasion of personal pri~y 
PUBLIC COPY 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
File: WAC-04-1 82-50309 Office: CALIFORNIA SERVICE CENTER Date: APR 2 4 ~WP 
Petition: 
 Petition for a Nonimmigrant Worker Pursuant to Section 10 1(a)(15)(L) of the Immigration 
and Nationality Act, 8 U.S.C. $ 1 101(a)(15)(L) 
IN BEHALF OF PETITIONER: 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Ofice 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. 
~obert P. Wiemann, Chief 
Administrative Appeals Office 
WAC-04-1 82-50309 
Page 2 
DISCUSSION: The Director, California Service Center, denied the nonimmigrant 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. $ 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. 
$ 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 served the decision via facsimile on September 10,2004. It is noted that 
the director properly gave notice to the petitioner that it had 30 days to file the appeal (33 days if mailed). In 
this case, as the denial was faxed to the petitioner on September 10, 2004 with a courtesy copy sent by mail, 
the petitioner had 30 days to appeal the decision. According to the date stamp on the Form I-290B Notice of 
Appeal, it was received by U.S. Citizenship and Immigration Services on October 14, 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. $ 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.