AAO research

AAO EB-1A decision DEC022010_04B2203: Appeal timeliness

AAO EB-1A decision DEC022010_04B2203: Appeal timeliness

EB-1A appeal timeliness — AAO decision DEC022010_04B2203: Appeal rejected as untimely. Review source status, procedural posture and the official USCIS PDF.

Decision summary: AAO decision DEC022010_04B2203: Appeal rejected as untimely. Receipt was 51 days after decision, beyond 33-day mailed deadline; filing lacked new facts/evidence or precedent-supported claim of incorrect application of law/policy required for motion conversion.

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: EB-1A procedural rejection; merits not reached.. This is a source-review label, not a legal conclusion.

Decision snapshot

Decision ID

DEC022010_04B2203

Decision date as printed

December 2, 2010

Classification / field stated in source

EB-1A procedural rejection; merits not reached.

Procedural posture

Appeal of Texas Service Center denial received 51 days after November 2, 2009 decision; it did not qualify as a motion to reopen or reconsider.

Operative disposition

Appeal rejected as untimely.

Final-merits status

not reached by current AAO decision; any Director findings mentioned are procedural history only

What the AAO decision addressed

Receipt was 51 days after decision, beyond 33-day mailed deadline; filing lacked new facts/evidence or precedent-supported claim of incorrect application of law/policy required for motion conversion.

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

Source-cited findings recorded in review

  • claim: Cover identifies EB-1A I-140, Texas Service Center, dated December 2, 2010.; pages: 1

  • claim: Director decision issued November 2, 2009; appeal received December 23, 2009, 51 days later.; pages: 2

  • claim: Untimely appeal did not meet motion requirements; AAO rejected it.; pages: 2

How this record may be used in research

Comparison scope: Procedural example for late appeals that fail motion-conversion requirements; compare only with separate facts and dates.

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

  • Published material about the person research

  • Leading or critical role 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 DEC022010_04B2203