AAO research
EB-1A appeal timeliness — AAO decision MAR312008_03B2203: Appeal rejected as untimely; returned to Director for consideration as motion to reconsider.…
Decision summary: AAO decision MAR312008_03B2203: Appeal rejected as untimely; returned to Director for consideration as motion to reconsider. Appeal met formal motion-to-reconsider requirements; AAO expressly states that motion conversion does not decide merits or imply that denial grounds were overcome.
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 time-limit/motion-conversion decision.. This is a source-review label, not a legal conclusion.
Decision snapshot
Decision ID | MAR312008_03B2203 |
|---|---|
Decision date as printed | March 31, 2008 |
Classification / field stated in source | EB-1A procedural time-limit/motion-conversion decision. |
Procedural posture | Appeal filed 41 days after Director’s September 18, 2007 denial; AAO rejected as untimely but directed Director to treat it as motion to reconsider because filing asserted original decision was incorrect on record evidence. |
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
Appeal met formal motion-to-reconsider requirements; AAO expressly states that motion conversion does not decide merits or imply that denial grounds were overcome.
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, Nebraska Service Center, dated March 31, 2008.; pages: 1
claim: Director issued denial September 18, 2007; appeal received October 29, 2007, 41 days after decision.; pages: 2
claim: AAO found appeal met motion-to-reconsider filing requirements and returned it to Director.; pages: 2
claim: AAO expressly said the conversion is not a merits evaluation and does not imply denial grounds were overcome.; pages: 2
How this record may be used in research
Comparison scope: Can compare with SEP032009_01B2203 for procedural conversion, preserving their distinct deadlines/receipt intervals and separate cases; no criterion merits content.
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
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