AAO research

AAO EB-1A decision JAN102006_05B2203: Appeal timeliness

AAO EB-1A decision JAN102006_05B2203: Appeal timeliness

EB-1A appeal timeliness — AAO decision JAN102006_05B2203: Appeal rejected as untimely filed. Review source status, procedural posture and the official…

Decision summary: AAO decision JAN102006_05B2203: Appeal rejected as untimely filed. AAO applies the stated 30-day/33-day filing period, finds receipt after 35 days, and rejects the appeal; motion jurisdiction remained with the service center 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_no_precedent_status_asserted. This is a source-review label, not a legal conclusion.

Decision snapshot

Decision ID

JAN102006_05B2203

Decision date as printed

January 10, 2006

Classification / field stated in source

EB-1A Form I-140; field not specified in AAO discussion

Procedural posture

Vermont Service Center denial appealed. Director issued decision January 19, 2005; appeal received February 23, 2005, 35 days later. Director declined to treat the late appeal as a motion and forwarded it to AAO.

Operative disposition

Appeal rejected as untimely filed.

Final-merits status

Not reached

What the AAO decision addressed

AAO applies the stated 30-day/33-day filing period, finds receipt after 35 days, and rejects the appeal; motion jurisdiction remained with the service center 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
AAO disposed of the matter procedurally; this criterion was not adjudicated. — source PDF

Published material about the person

Not reached — source PDF

Judging the work of others

Not reached
AAO disposed of the matter procedurally; this criterion was not adjudicated. — source PDF

Original contributions of major significance

Not reached
AAO disposed of the matter procedurally; this criterion was not adjudicated. — source PDF

Scholarly authorship

Not reached
AAO disposed of the matter procedurally; this criterion was not adjudicated. — source PDF

Artistic display or showcases

Not reached
AAO disposed of the matter procedurally; this criterion was not adjudicated. — source PDF

Leading or critical role

Not reached
AAO disposed of the matter procedurally; this criterion was not adjudicated. — source PDF

High salary or remuneration

Not reached
AAO disposed of the matter procedurally; this criterion was not adjudicated. — source PDF

Commercial success in the performing arts

Not reached
AAO disposed of the matter procedurally; this criterion was not adjudicated. — source PDF

Source holds and limits

status:

Specific caveats recorded by the reviewer

  • Deadline details are as recited in the decision; no external law verification performed.

  • No criterion merits adjudication.

Source-cited findings recorded in review

  • claim: The cover identifies the AAO decision date as January 10, 2006.; pages: 1

  • claim: The petition is identified as: EB-1A Form I-140; field not specified in AAO discussion.; pages: 2

  • claim: Vermont Service Center denial appealed. Director issued decision January 19, 2005; appeal received February 23, 2005, 35 days later. Director declined to treat the late appeal as a motion and forwarded it to AAO.; pages: 2

  • claim: AAO applies the stated 30-day/33-day filing period, finds receipt after 35 days, and rejects the appeal; motion jurisdiction remained with the service center director.; pages: 2

  • claim: Operative order: Appeal rejected as untimely filed.; 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 JAN102006_05B2203