AAO research
EB-1A appeal timeliness — AAO decision MAY012006_03B2203: The appeal is rejected as untimely filed; the source cover identifies EB-1A while the discussion…
Decision summary: AAO decision MAY012006_03B2203: The appeal is rejected as untimely filed; the source cover identifies EB-1A while the discussion calls the petition nonimmigrant. Page 2 says the appeal was rejected as untimely and that the Director declined to treat it as a motion; page 1/2 pairing has a source-identity/content conflict and must be held pending authoritative reconciliation.
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: hold_source_identity_classification_conflict. This is a source-review label, not a legal conclusion.
Decision snapshot
Decision ID | MAY012006_03B2203 |
|---|---|
Decision date as printed | May 1, 2006 |
Classification / field stated in source | Conflicting source descriptions: EB-1A cover vs nonimmigrant-visa discussion. |
Procedural posture | Cover identifies a Vermont Service Center Form I-140 EB-1A petition. The second page describes a “nonimmigrant visa petition” and analyzes an untimely appeal (decision July 3, 2005; appeal received August 18, 2005, 44 days later). These are materially different petition descriptions/postures. |
Operative disposition | The appeal is rejected as untimely filed; the source cover identifies EB-1A while the discussion calls the petition nonimmigrant. |
Final-merits status | not reached |
What the AAO decision addressed
Page 2 says the appeal was rejected as untimely and that the Director declined to treat it as a motion; page 1/2 pairing has a source-identity/content conflict and must be held pending authoritative reconciliation.
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 |
Membership | not reached |
Published material about the person | not reached |
Judging the work of others | not reached |
Original contributions of major significance | not reached |
Scholarly authorship | not reached |
Artistic display or showcases | not reached |
Leading or critical role | not reached |
High salary or remuneration | not reached |
Commercial success in the performing arts | not reached |
Source holds and limits
p. 1 identifies a Form I-140 EB-1A petition, while p. 2 repeatedly calls it a nonimmigrant visa petition and decides an untimely appeal; classification/posture conflict.
Specific caveats recorded by the reviewer
The Director’s background conclusions and petitioner/counsel assertions are not AAO criterion holdings.
Every criterion and final merits are not reached in this procedural disposition.
Source-cited findings recorded in review
p. 1, decision date, office/file heading and classification/posture as printed.
p. 2, conflicting petition description and untimely appeal outcome.
How this record may be used in research
Comparison scope: Do not aggregate identity-held documents. Other verified records may be grouped in a procedural index only by exact mechanism (summary dismissal, late appeal rejection, standing rejection), with dates, posture, and citations; preserve separate fact patterns.
Editorial use note: Hold from EB-1A publication until authoritative identity/classification reconciliation.
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
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