AAO research

AAO EB-1A decision MAR312008_01B2203: Appeal timeliness

AAO EB-1A decision MAR312008_01B2203: Appeal timeliness

EB-1A appeal timeliness — AAO decision MAR312008_01B2203: Appeal rejected as untimely filed. Review source status, procedural posture and the official…

Decision summary: AAO decision MAR312008_01B2203: Appeal rejected as untimely filed. The review record does not provide a normalized explanation of the disposition. Consult the cited source pages.

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: in_scope_procedural_eb1a_decision. This is a source-review label, not a legal conclusion.

Decision snapshot

Decision ID

MAR312008_01B2203

Decision date as printed

Not stated in normalized review fields

Classification / field stated in source

Classification not stated in the normalized review fields

Procedural posture

AAO_posture: The revocation decision was rendered December 27, 2007. The appeal was properly filed February 25, 2008, 90 days later. The revocation notice erroneously said the petitioner could appeal within 33 days; the regulation provided 15 days for a revocation appeal. The AAO found the late appeal did not meet motion-to-reopen or reconsider requirements and rejected it as untimely.; citation_pages: 1; 2; classification: Appeal rejected as untimely; director_findings: The Texas Service Center initially approved the petition but later revoked approval after a notice of intent to revoke.

Operative disposition

{'outcome': 'Appeal rejected as untimely filed.', 'basis': 'The appeal was filed 90 days after the revocation decision; the notice’s erroneous statement of 33 days did not extend the regulatory 15-day period, and the filing did not satisfy motion requirements.', 'citation_pages': [1, 2]}

Final-merits status

Not reached

What the AAO decision addressed

The review record does not provide a normalized explanation of the disposition. Consult the cited source pages.

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

How this record may be used in research

Comparison scope: {‘fit’: ‘Appeal rejected as untimely’, ‘aggregation_valid’: True, ‘use’: ‘Procedural aggregation only with late appeal rejections; preserve the different service, receipt, filing-fee, revocation, and motion-conversion circumstances. Do not blend revocation appeal deadlines with ordinary denial appeals without explaining the difference.’, ‘do_not_claim’: [‘Do not characterize a procedural rejection, dismissal, or remand as completed merits adjudication.’, ‘Do not infer individual criterion findings from aggregate threshold statements.’, ‘Do not treat remand as approval.’, ‘Do not treat a nonprecedent decision as binding authority.’], ‘caveat’: ‘The AAO decided timeliness, not the underlying EB-1A criteria or final merits.’}

Page-level source trail

Use the official PDF and the cited physical page numbers to check each statement.

Open the official USCIS decision PDF. Page-specific citations were not available in the normalized row.

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

  • Threshold research

  • Final Merits research

  • Untimely research

  • Remand research

  • Revocation research

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

Primary source

Official USCIS AAO decision PDF for MAR312008_01B2203