AAO research
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
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