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AAO EB-1A decision DEC032009_04B2203: Appeal timeliness

AAO EB-1A decision DEC032009_04B2203: Appeal timeliness

EB-1A appeal timeliness — AAO decision DEC032009_04B2203: Appeal rejected as untimely; matter returned to director for consideration as a motion to…

Decision summary: AAO decision DEC032009_04B2203: Appeal rejected as untimely; matter returned to director for consideration as a motion to reopen. Decision issued April 8, 2009; appeal received May 12, 34 days later. Director mistakenly annotated it timely; AAO found the late appeal met motion-to-reopen requirements and ordered Director to consider it as such.

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

DEC032009_04B2203

Decision date as printed

December 3, 2009

Classification / field stated in source

Not stated.

Procedural posture

Texas Service Center denial; late appeal deemed to meet reopening-motion requirements; rejected as untimely but returned to Director for motion decision.

Operative disposition

Appeal rejected as untimely; matter returned to director for consideration as a motion to reopen.

Final-merits status

Not reached

What the AAO decision addressed

Decision issued April 8, 2009; appeal received May 12, 34 days later. Director mistakenly annotated it timely; AAO found the late appeal met motion-to-reopen requirements and ordered Director to consider it as such.

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

  • The source does not report the Director’s later decision; do not imply the motion was granted or petition approved.

Source-cited findings recorded in review

  • claim: Cover identifies December 3, 2009; Texas Service Center; EB-1A I-140.; pages: 1

  • claim: Director decision issued April 8, 2009; petitioner appealed May 7; received May 12, 34 days after decision.; pages: 2

  • claim: Director incorrectly marked appeal timely and forwarded it to AAO.; pages: 2

  • claim: AAO found late appeal met requirements for motion to reopen; director has jurisdiction and must consider it as such and issue new decision accordingly.; 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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Primary source

Official USCIS AAO decision PDF for DEC032009_04B2203