AAO research
EB-1A appeal timeliness — AAO decision APR072006_01B2203: Motion to reconsider rejected for lack of AAO jurisdiction. Review source status, procedural…
Decision summary: AAO decision APR072006_01B2203: Motion to reconsider rejected for lack of AAO jurisdiction. The AAO had rejected the appeal as untimely without entering a decision. Because the challenged decision was by the director and motions are within the jurisdiction of the official who made the latest decision, AAO lacked jurisdiction over this motion.
Source limitation: The review record contains a source hold or limitation. Read the limitation below before relying on any case detail; unresolved facts are not treated as findings.
Scope classification from review: in_scope_EB1A_AAO_decision_no_precedent_status_asserted. This is a source-review label, not a legal conclusion.
Decision snapshot
Decision ID | APR072006_01B2203 |
|---|---|
Decision date as printed | April 7, 2006 |
Classification / field stated in source | Not stated. |
Procedural posture | California Service Center denial; untimely appeal rejected; later motion to reopen/reconsider rejected by AAO for lack of jurisdiction. |
Operative disposition | Motion to reconsider rejected for lack of AAO jurisdiction. |
Final-merits status | Not reached |
What the AAO decision addressed
The AAO had rejected the appeal as untimely without entering a decision. Because the challenged decision was by the director and motions are within the jurisdiction of the official who made the latest decision, AAO lacked jurisdiction over this motion.
Criterion-by-criterion status in this source
These labels reproduce the source-review record. “Not considered,” “not reached,” and “not coded” do not mean the criterion failed. A Director finding recited as background is not an AAO holding unless the decision says so.
Criterion | Source-review status |
|---|---|
Awards | Not reached — source PDF |
Membership | Not reached |
Published material about the person | Not reached — source PDF |
Judging the work of others | Not reached |
Original contributions of major significance | Not reached |
Scholarly authorship | Not reached |
Artistic display or showcases | Not reached |
Leading or critical role | Not reached |
High salary or remuneration | Not reached |
Commercial success in the performing arts | Not reached |
Source holds and limits
status:
Specific caveats recorded by the reviewer
This decision concerns filing/jurisdiction, not the merits of eligibility or appeal-rights claim.
Source-cited findings recorded in review
claim: Cover identifies April 7, 2006; California Service Center; self-represented EB-1A I-140.; pages: 1
claim: Director denied petition November 5, 2004; appeal was received December 15, 2004, 40 days later and was rejected as untimely.; pages: 2
claim: Petitioner sought to reopen the rejected appeal, asserting he was entitled to file with AAO based on inconsistent Form I-290B instructions and director cover sheet language.; pages: 2
claim: AAO states it issued no decision on the appeal; jurisdiction over a motion rests with official who made latest decision, here the director, so AAO rejected the motion.; pages: 2
How this record may be used in research
Comparison scope: narrow_procedural_explainer_only
Page-level source trail
Use the official PDF and the cited physical page numbers to check each statement.
How to use this record
This is a historical, nonprecedent AAO decision about its own administrative record. It is not a prediction, success rate, or current filing instruction. Compare the issue and procedural stage before drawing an analogy. The current framework is in the USCIS Policy Manual, Volume 6, Part F, Chapter 2.
Related corpus research
Full-corpus research index
Membership research
Judging the work of others research
Original contributions of major significance research
Scholarly authorship research
Artistic display or showcases research
Leading or critical role research
High salary or remuneration research
Commercial success in the performing arts research
Untimely research
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