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AAO EB-1A decision OCT112006_02B2203: Appeal timeliness

AAO EB-1A decision OCT112006_02B2203: Appeal timeliness

EB-1A appeal timeliness — AAO decision OCT112006_02B2203: rejection of untimely appeal from revocation. Review source status, procedural posture and the…

Decision summary: AAO decision OCT112006_02B2203: rejection of untimely appeal from revocation.

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; not an AAO EB-1A criterion/final-merits decision.. This is a source-review label, not a legal conclusion.

Decision snapshot

Decision ID

OCT112006_02B2203

Decision date as printed

October 11, 2006

Classification / field stated in source

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

Procedural posture

Texas Service Center initially approved I-140, later issued notice of intent to revoke and revoked approval January 3, 2006. Appeal received February 3, 2006, 31 days later. Governing rule for revocation appeals is 15 days (18 if mailed); director incorrectly told petitioner 30 days, but AAO says that error does not supersede regulatory deadline. Director declined to treat late appeal as motion. AAO rejects as untimely.

Operative disposition

rejection of untimely appeal from revocation

Final-merits status

not reached

What the AAO decision addressed

rejection of untimely appeal from revocation

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

["Useful narrow procedural explainer on a late revocation appeal and erroneous notice. Do not generalize beyond the source’s stated rule and procedural context.", "Any director-level criterion result is reported only as attributed background; it is not an AAO criterion determination."]

Specific caveats recorded by the reviewer

  • Useful narrow procedural explainer on a late revocation appeal and erroneous notice. Do not generalize beyond the source’s stated rule and procedural context.

  • Any director-level criterion result is reported only as attributed background; it is not an AAO criterion determination.

Source-cited findings recorded in review

  • p. 2 states revocation chronology, statutory deadline, erroneous notice caveat, and order; p. 1 cover date and petition type.

How this record may be used in research

Comparison scope: May be grouped only with like procedural dispositions (summary dismissal for failure to identify error; untimely appeal; mootness after adjustment). Keep separate mechanisms and cite decision-specific sources.

Editorial use note: May be considered for a source-cited procedural reference entry after editorial review; do not frame as a substantive criterion 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

  • Revocation research

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

Primary source

Official USCIS AAO decision PDF for OCT112006_02B2203