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AAO EB-1A decision NOV232009_01B2203: Appeal timeliness

AAO EB-1A decision NOV232009_01B2203: Appeal timeliness

EB-1A appeal timeliness — AAO decision NOV232009_01B2203: Both motions dismissed as untimely; prior AAO decision affirmed and petition remains denied.…

Decision summary: AAO decision NOV232009_01B2203: Both motions dismissed as untimely; prior AAO decision affirmed and petition remains denied. Motions dated March 16, 2009 but received by Director May 20, 2009, which AAO states was 34 days after April 16 decision. Petitioner did not claim or establish delay was reasonable and beyond control.

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

NOV232009_01B2203

Decision date as printed

November 23, 2009

Classification / field stated in source

Not specified

Procedural posture

Nebraska Service Center EB-1A denial February 14, 2008; AAO dismissed appeal April 16, 2009; petitioner filed combined motions to reopen and reconsider.

Operative disposition

Both motions dismissed as untimely; prior AAO decision affirmed and petition remains denied.

Final-merits status

Not reached

What the AAO decision addressed

Motions dated March 16, 2009 but received by Director May 20, 2009, which AAO states was 34 days after April 16 decision. Petitioner did not claim or establish delay was reasonable and beyond control.

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
The current AAO decision disposes of appeal/motion procedure or filing/jurisdiction issues; no EB-1A criterion was adjudicated in this decision. — source PDF

Published material about the person

Not reached — source PDF

Judging the work of others

Not reached
The current AAO decision disposes of appeal/motion procedure or filing/jurisdiction issues; no EB-1A criterion was adjudicated in this decision. — source PDF

Original contributions of major significance

Not reached
The current AAO decision disposes of appeal/motion procedure or filing/jurisdiction issues; no EB-1A criterion was adjudicated in this decision. — source PDF

Scholarly authorship

Not reached
The current AAO decision disposes of appeal/motion procedure or filing/jurisdiction issues; no EB-1A criterion was adjudicated in this decision. — source PDF

Artistic display or showcases

Not reached
The current AAO decision disposes of appeal/motion procedure or filing/jurisdiction issues; no EB-1A criterion was adjudicated in this decision. — source PDF

Leading or critical role

Not reached
The current AAO decision disposes of appeal/motion procedure or filing/jurisdiction issues; no EB-1A criterion was adjudicated in this decision. — source PDF

High salary or remuneration

Not reached
The current AAO decision disposes of appeal/motion procedure or filing/jurisdiction issues; no EB-1A criterion was adjudicated in this decision. — source PDF

Commercial success in the performing arts

Not reached
The current AAO decision disposes of appeal/motion procedure or filing/jurisdiction issues; no EB-1A criterion was adjudicated in this decision. — source PDF

Source holds and limits

status:

Specific caveats recorded by the reviewer

  • Source contains apparent date inconsistency: motions reportedly dated March 16, 2009, before the April 16 decision they seek review of; preserve as printed and do not resolve by inference.

Source-cited findings recorded in review

  • claim: Cover date November 23, 2009; Nebraska Service Center; combined motion proceeding concerning EB-1A petition.; pages: 1

  • claim: AAO dismissed appeal April 16, 2009; motions to reopen/reconsider were received May 20, 2009, 34 days after that decision, although the decision says petitioner dated them March 16, 2009.; pages: 2

  • claim: Petitioner did not show late filing was reasonable and beyond her control; AAO dismissed both motions and affirmed prior decision, leaving petition denied.; 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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Primary source

Official USCIS AAO decision PDF for NOV232009_01B2203