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AAO EB-1A decision APR112013_02B2203: Appeal timeliness

AAO EB-1A decision APR112013_02B2203: Appeal timeliness

EB-1A appeal timeliness — AAO decision APR112013_02B2203: Appeal rejected as untimely filed. Review source status, procedural posture and the official…

Decision summary: AAO decision APR112013_02B2203: Appeal rejected as untimely filed. The review record does not provide a normalized explanation of the disposition. Consult the cited source pages.

Source reviewed: This page summarizes the specific AAO source and posture recorded in the completed source-review tracker. It does not turn a nonprecedent decision into a general rule.

Scope classification from review: in_scope_procedural_eb1a_decision. This is a source-review label, not a legal conclusion.

Decision snapshot

Decision ID

APR112013_02B2203

Decision date as printed

2013-04-11

Classification / field stated in source

Classification not stated in the normalized review fields

Procedural posture

AAO_posture: The Director properly advised of the 33-day appeal period and that the appeal could not be filed directly with the AAO. An initial Form I-290B submitted to the AAO on October 12, 2011 was returned as not filed at the designated location; the designated location received it January 5, 2012, 110 days after issuance. The Director found it did not satisfy motion requirements; the AAO rejected the appeal as untimely.; citation_pages: 1; 2; classification: Appeal rejected as untimely; director_findings: The Nebraska Service Center Director issued an unfavorable decision on September 17, 2011; this AAO decision does not reach the merits.

Operative disposition

{'outcome': 'Appeal rejected as untimely filed.', 'basis': 'The appeal was due 33 days after September 17, 2011, but the designated filing location did not receive it until January 5, 2012, 110 days after the decision.', 'citation_pages': [1, 2]}

Final-merits status

Not reached

What the AAO decision addressed

The review record does not provide a normalized explanation of the disposition. Consult the cited source pages.

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 — source PDF

Published material about the person

Not reached — source PDF

Judging the work of others

Not reached — source PDF

Original contributions of major significance

Not reached — source PDF

Scholarly authorship

Not reached — source PDF

Artistic display or showcases

Not coded — source PDF

Leading or critical role

Not reached — source PDF

High salary or remuneration

Not reached — source PDF

Commercial success in the performing arts

Not reached — source PDF

How this record may be used in research

Comparison scope: {‘fit’: ‘Appeal rejected as untimely’, ‘aggregation_valid’: True, ‘use’: ‘Group only with other late appeal rejections, retaining for each the date of the decision, filing, proper receipt, designated filing location, and whether the Director considered motion treatment.’, ‘do_not_claim’: [‘Do not characterize procedural dispositions or remands as completed EB-1A merits findings.’, ‘Do not infer individual criterion results from generalized Director statements.’, ‘Do not describe a moot dismissal as affirming all Director findings.’, ‘Do not treat nonprecedent decisions as binding authority.’], ‘caveat’: ‘The AAO decided timeliness only and did not reach EB-1A criteria or final merits.’}

Page-level source trail

Use the official PDF and the cited physical page numbers to check each statement.

Open the official USCIS decision PDF. Page-specific citations were not available in the normalized row.

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

  • Final Merits research

  • Untimely research

  • Remand research

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

Primary source

Official USCIS AAO decision PDF for APR112013_02B2203