dismissed
L-1A
dismissed L-1A Case: Unknown
Decision Summary
The appeal was rejected because regulations, specifically 8 C.F.R. ยง 214.1(c)(5), state that there is no appeal from the denial of an application for extension of stay filed on Form I-539. As the applicants filed this form, the AAO had no jurisdiction to hear the appeal on its merits.
Criteria Discussed
Extension Of Stay Right To Appeal
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U.S. Department of Homeland Security 20 Massachusetts Ave., N.W., Rm. A3042 Washington, DC 20529 4 7+r : Sw? -! 2':- ,' vlletd 90 - ih4, el"? U. S. Citizenship and Immigration File: SRC 04 087 50189 Office: TEXAS SERVICE CENTER Date: IN RE: Applicants = Application: Application to Extend Status as Spouse or Child of a Nonimrnigrant Worker Pursuant to Section 101(a)(15)(L) of the Immigration and Nationality Act, 8 U.S.C. 1 101(a)(15)(L) IN BEHALF OF APPLICANTS: 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. 6 obert P. Wiemann, Director ,' dministrative Appeals Office SRC 04 087 50189 Page 2 DISCUSSION: The Director, Texas Service Center, denied the application for an extension of nonirnrnigrant status. The matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be rejected. The applicants filed the application seeking to extend their period of stay as the nonimmigrant spouse and minor child of an intracompany transferee pursuant to section 101(a)(15)(L) of the Immigration and Nationality Act, 8 U.S.C. 3 1101(a)(15)(L). On March 4, 2004, the director notified the principal applicant of the denial of her application for extension of stay filed on Form 1-539, as the applicant's spouse's nonimrnigrant petition had been denied on that date. The principal applicant, through counsel, filed a Form I-290B in an attempt to appeal the decision of the director. On appeal, counsel submits a brief asserting that the application should have been approved, as the record sufficiently demonstrates that the applicant's spouse is qualified for the extension of status sought in L-1A classification. It is noted that 8 C.F.R. 5 214.1(~)(5) states that there is no appeal from the denial of an application for extension of stay filed on Form 1-539. Accordingly, the applicants' appeal must be rejected. ORDER: The appeal is rejected.
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