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 
File: WAC 03 267 50367 Office: CALIFORNIA SERVICE CENTER Date: 4 
Petition: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(15)(L) of the Immigration 
and Nationality Act, 8 U.S.C. 5 1101(a)(15)(L) 
IN BEHALF OF PETITIONER: 
SELF-REPRESENTED 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. A11 documents have been returned to 
the office that originally decided your case. Any further inquiry must be made to that office. 
P. Wiemann, Director 
nistrative Appeals Office 
WAC 03 267 50367 
Page 2 
DISCUSSION: The nonimrnigrant visa petition was denied by the Director, California Service Center. The 
petitioner filed a subsequent appeal. The Director, California Service Center determined that the appeal was 
not filed in a timely manner and rejected the appeal without rendering a decision. The matter is now before 
the AAO on a motion to reopen or reconsider. The motion will be rejected. 
The petitioner seeks to classify the beneficiary as a nonimrnigrant intracompany transferee pursuant to section 
101(a)(15)(L) of the Immigration and Nationality Act (the Act), 8 U.S.C. (i 1 101(a)(15)(L). 
The director denied the petition on December 14, 2003. On January 14, 2004, counsel for the petitioner 
submitted an appeal seeking review of the director's decision. However, the Form I-290B was not properly 
executed and was thus returned to the petitioner. The petitioner subsequently submitted a properly executed 
Form I-290B on January 21, 2004, 38 days after the director's decision was issued. After reviewing the 
record, the director determined the appeal had not been filed in a timely manner. Any appeal that is not filed 
within the time allowed must be rejected as improperly filed. 8 C.F.R. 5 103.3(a)(2)(v)(B)(l). The director 
also noted that the appeal did not meet the requirements of a motion to reopen or reconsider pursuant to 8 
C.F.R. (i 103.5(a)(2) and (3). 
The petitioner has now filed a motion seeking to reopen the appeal that was rejected as untimely filed. 
As the original appeal was rejected by the service center as untimely filed, there is no decision that may be 
appealed in this proceeding. A rejected appeal is not an appealable decision. See 8 C.F.R. (i 103.3(a)(l). 
According to 8 C.F.R. Ij 103.5(a)(l)(ii), jurisdiction over a motion resides in the official who made the latest 
decision in the proceeding. The AAO did not enter a decision on this matter. Because the disputed decision 
was rendered by the director, the AAO has no jurisdiction over this motion and the motion must be rejected. 
ORDER: The motion is rejected.