AAO research

AAO EB-1A decision APR072006_02B2203: Appeal timeliness

EB-1A appeal timeliness — AAO decision APR072006_02B2203: Motion rejected for lack of AAO jurisdiction. Review source status, procedural posture and the…

Decision summary: AAO decision APR072006_02B2203: Motion rejected for lack of AAO jurisdiction. The underlying appeal was received 40 days after the Director decision and rejected as untimely. Since AAO issued no appeal decision, it could not reopen/reconsider its own decision; motion jurisdiction lay with the Director.

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_precedent_status_not_marked_on_face. This is a source-review label, not a legal conclusion.

Decision snapshot

Decision ID	APR072006_02B2203
Decision date as printed	April 7, 2006
Classification / field stated in source	Not stated.
Procedural posture	Self-represented petitioner sought motion to reconsider after the appeal was rejected as untimely; AAO rejected the motion for lack of jurisdiction because it had not issued a decision on the appeal and the director issued the latest merits decision.
Operative disposition	Motion rejected for lack of AAO jurisdiction.
Final-merits status	Not reached

What the AAO decision addressed

The underlying appeal was received 40 days after the Director decision and rejected as untimely. Since AAO issued no appeal decision, it could not reopen/reconsider its own decision; motion jurisdiction lay with the Director.

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 This AAO decision resolves filing, standing, jurisdiction, appeal specificity, or motion requirements; it does not decide any EB-1A criterion in the current decision. — source PDF
Published material about the person	Not reached — source PDF
Judging the work of others	Not reached This AAO decision resolves filing, standing, jurisdiction, appeal specificity, or motion requirements; it does not decide any EB-1A criterion in the current decision. — source PDF
Original contributions of major significance	Not reached This AAO decision resolves filing, standing, jurisdiction, appeal specificity, or motion requirements; it does not decide any EB-1A criterion in the current decision. — source PDF
Scholarly authorship	Not reached This AAO decision resolves filing, standing, jurisdiction, appeal specificity, or motion requirements; it does not decide any EB-1A criterion in the current decision. — source PDF
Artistic display or showcases	Not reached This AAO decision resolves filing, standing, jurisdiction, appeal specificity, or motion requirements; it does not decide any EB-1A criterion in the current decision. — source PDF
Leading or critical role	Not reached This AAO decision resolves filing, standing, jurisdiction, appeal specificity, or motion requirements; it does not decide any EB-1A criterion in the current decision. — source PDF
High salary or remuneration	Not reached This AAO decision resolves filing, standing, jurisdiction, appeal specificity, or motion requirements; it does not decide any EB-1A criterion in the current decision. — source PDF
Commercial success in the performing arts	Not reached This AAO decision resolves filing, standing, jurisdiction, appeal specificity, or motion requirements; it does not decide any EB-1A criterion in the current decision. — source PDF

Source holds and limits

status:

Specific caveats recorded by the reviewer

Same case number, date, and procedural history as APR072006_01B2203 reviewed in batch 0011; PDFs have different hashes and textual variants. Treat as related/possible duplicate copies, preserve both identifiers and do not merge without source reconciliation.
No EB-1A eligibility merits are decided.

Source-cited findings recorded in review

claim: Cover identifies April 7, 2006; California Service Center; self-represented EB-1A I-140 and case number WAC 03 136 51562.; pages: 1
claim: Director denied petition November 5, 2004; appeal received December 15, 2004, 40 days later, and was rejected as untimely.; pages: 2
claim: Petitioner moved to reopen the rejected appeal, relying on inconsistent Form I-290B and director-cover instructions.; pages: 2
claim: AAO had rejected appeal without rendering a decision; motion jurisdiction belonged to the director who made the latest decision, so AAO rejected 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

Browse the AAO decision index · Read EB-1A evidence guides · Review source and correction methodology.

Primary source

Official USCIS AAO decision PDF for APR072006_02B2203