AAO research

AAO EB-1A decision OCT112005_24B2203: Appeal timeliness

AAO EB-1A decision OCT112005_24B2203: Appeal timeliness

EB-1A appeal timeliness — AAO decision OCT112005_24B2203: rejection of untimely appeal. Review source status, procedural posture and the official USCIS PDF.

Decision summary: AAO decision OCT112005_24B2203: rejection of untimely appeal.

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_procedural_record; criterion/final-merits status assessed only from the available source.. This is a source-review label, not a legal conclusion.

Decision snapshot

Decision ID

OCT112005_24B2203

Decision date as printed

October 11, 2005

Classification / field stated in source

EB-1A extraordinary ability under INA 203(b)(1)(A).

Procedural posture

Vermont Service Center denial appealed; AAO states appeal received September 8, 2004, 36 days after August 3, 2004 decision despite 33-day period and rejects as untimely. Footnote says service-center form misstated last day as Sept. 8 rather than Sept. 7 because Labor Day; agency notice error did not displace regulatory deadline.

Operative disposition

rejection of untimely appeal

Final-merits status

not reached

What the AAO decision addressed

rejection of untimely appeal

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

["Narrow procedural example concerning late appeal and erroneous filing-deadline notice; not EB-1A merits.", "No individual criterion state is inferred from director-level general findings or procedural disposition."]

Specific caveats recorded by the reviewer

  • Narrow procedural example concerning late appeal and erroneous filing-deadline notice; not EB-1A merits.

  • No individual criterion state is inferred from director-level general findings or procedural disposition.

Source-cited findings recorded in review

  • p. 2 gives dates, deadline analysis, director referral and footnote correcting notice; p. 1 cover date/classification.

How this record may be used in research

Comparison scope: Group only by distinct procedural mechanism: motion requirements/timeliness; ordinary untimely appeal; summary dismissal for failure to identify error; remand for consideration of NOID response. Exclude held/incomplete cases until reconciled.

Editorial use note: Potential inclusion in source-cited procedural index after editorial review; do not frame as criterion-merits precedent.

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

  • Remand research

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

Primary source

Official USCIS AAO decision PDF for OCT112005_24B2203