AAO research

AAO EB-1A decision JUL162009_03B2203: Appeal timeliness

AAO EB-1A decision JUL162009_03B2203: Appeal timeliness

EB-1A appeal timeliness — AAO decision JUL162009_03B2203: Appeal rejected as untimely. Review source status, procedural posture and the official USCIS PDF.

Decision summary: AAO decision JUL162009_03B2203: Appeal rejected as untimely. Actual receipt was 39 days after decision, beyond 33-day period; appeal did not meet motion requirements and is rejected.

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_procedural_record. This is a source-review label, not a legal conclusion.

Decision snapshot

Decision ID

JUL162009_03B2203

Decision date as printed

July 16, 2009

Classification / field stated in source

EB-1A under INA section 203(b)(1)(A).

Procedural posture

Director issued decision June 26, 2008 (footnote explains Director’s notice incorrectly said 2007; electronic record confirmed 2008). Counsel dated appeal July 23, postmark July 30, and receipt August 4, 39 days after decision. Director mistakenly marked it timely. AAO says filing did not qualify as a motion as of filing.

Operative disposition

Appeal rejected as untimely.

Final-merits status

not reached

What the AAO decision addressed

Actual receipt was 39 days after decision, beyond 33-day period; appeal did not meet motion requirements and is rejected.

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 considered

Membership

not considered

Published material about the person

not considered

Judging the work of others

not considered

Original contributions of major significance

not considered

Scholarly authorship

not considered

Artistic display or showcases

not considered

Leading or critical role

not considered

High salary or remuneration

not considered

Commercial success in the performing arts

not considered

Source holds and limits

["No criterion merits reached.", "Footnote expressly reconciles the apparent chronology error; cite it if summarizing dates."]

Specific caveats recorded by the reviewer

  • No criterion merits reached.

  • Footnote expressly reconciles the apparent chronology error; cite it if summarizing dates.

Source-cited findings recorded in review

  • p. 1 shows July 16, 2009 and EB-1A petition.

  • p. 2 gives decision date, appeal dates/postmark/receipt, 39-day interval, and rejection. Footnote 1 explains Director’s erroneous 2007 date and record-confirmed 2008 date.

How this record may be used in research

Comparison scope: Only aggregate by verified procedural mechanism and preserve distinctions between untimely appeal, motion jurisdiction/filing, summary dismissal, representative standing, and withdrawal/abandonment. Do not treat procedure-only records as criterion outcomes. Exclude source-held records from publication/comparison pending reconciliation.

Editorial use note: May be summarized as a procedural record with page citations; do not imply criterion merits.

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

  • Awards research

  • Membership research

  • Published material about the person 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

  • Summary Dismissal research

  • Untimely research

  • Withdrawal research

Browse the AAO decision index · Read EB-1A evidence guides · Review source and correction methodology.

Primary source

Official USCIS AAO decision PDF for JUL162009_03B2203