AAO research
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 |
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
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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