AAO research

AAO EB-1A decision JAN272011_01B2203: Appeal timeliness

AAO EB-1A decision JAN272011_01B2203: Appeal timeliness

EB-1A appeal timeliness — AAO decision JAN272011_01B2203: Appeal rejected as untimely; returned to Director for consideration as motion to reconsider.…

Decision summary: AAO decision JAN272011_01B2203: Appeal rejected as untimely; returned to Director for consideration as motion to reconsider. Petitioner first sent appeal to wrong Chicago office, was told on June 3, 2010 it was incorrectly filed, and Director received it June 30, 57 days after decision; filing met requirements for motion to reconsider based on claim decision was incorrect on record evidence.

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 motion-conversion decision; no merits review.. This is a source-review label, not a legal conclusion.

Decision snapshot

Decision ID

JAN272011_01B2203

Decision date as printed

January 27, 2011

Classification / field stated in source

EB-1A procedural motion-conversion decision; no merits review.

Procedural posture

Appeal of Nebraska Service Center denial received 57 days after Director’s May 4, 2010 decision; AAO rejected it as untimely and returned it to Director as a motion to reconsider.

Operative disposition

Appeal rejected as untimely; returned to Director for consideration as motion to reconsider.

Final-merits status

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

What the AAO decision addressed

Petitioner first sent appeal to wrong Chicago office, was told on June 3, 2010 it was incorrectly filed, and Director received it June 30, 57 days after decision; filing met requirements for motion to reconsider based on claim decision was incorrect on record evidence.

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 at Nebraska Service Center, dated January 27, 2011.; pages: 1

  • claim: Director issued denial May 4, 2010; petitioner dated appeal May 29, it was rejected as incorrectly filed at Chicago on June 3, and Director received June 30, 57 days after decision.; pages: 2

  • claim: AAO found appeal met motion-to-reconsider requirements and returned matter to Director.; pages: 2

How this record may be used in research

Comparison scope: Procedural example about filing with wrong office and subsequent conversion to motion; compare only as distinct case facts, not a criterion example.

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 JAN272011_01B2203