AAO research
EB-1A appeal timeliness — AAO decision MAY172012_01B2203: Appeal rejected as untimely filed. Review source status, procedural posture and the official…
Decision summary: AAO decision MAY172012_01B2203: Appeal rejected as untimely filed. Director issued denial December 6, 2010; notice gave 33 days. Appeal received January 13, 2011, 38 days later. Counsel said neither applicant nor counsel received denial until January 6, but USCIS issued it to petitioner too and record showed no return of petitioner’s copy; Director found late appeal did not satisfy motion requirements.
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_AAO_decision_no_precedent_status_asserted. This is a source-review label, not a legal conclusion.
Decision snapshot
Decision ID | MAY172012_01B2203 |
|---|---|
Decision date as printed | May 17, 2012 |
Classification / field stated in source | Not specified |
Procedural posture | Texas Service Center EB-1A denial; counsel appealed; notice to counsel was returned undeliverable, then reissued, but petitioner’s copy was not returned. |
Operative disposition | Appeal rejected as untimely filed. |
Final-merits status | Not reached |
What the AAO decision addressed
Director issued denial December 6, 2010; notice gave 33 days. Appeal received January 13, 2011, 38 days later. Counsel said neither applicant nor counsel received denial until January 6, but USCIS issued it to petitioner too and record showed no return of petitioner’s copy; Director found late appeal did not satisfy motion requirements.
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 |
Published material about the person | Not reached — source PDF |
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
status:
Specific caveats recorded by the reviewer
Do not generalize from this record to current service rules without independent verification.
Source-cited findings recorded in review
claim: Cover date May 17, 2012; Texas Service Center; EB-1A Form I-140.; pages: 1
claim: Director issued decision December 6, 2010 and provided 33-day appeal deadline; counsel’s copy returned undeliverable and reissued, while petitioner’s copy was not shown returned.; pages: 2
claim: Appeal was received January 13, 2011, 38 days after issuance; counsel asserted receipt January 6, but decision states USCIS had also issued notice to petitioner.; pages: 2
claim: Director declined motion treatment; AAO rejected appeal as untimely.; pages: 2
How this record may be used in research
Comparison scope: narrow_procedural_explainer_only
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
Membership 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
Untimely research
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