AAO research
EB-1A appeal timeliness — AAO decision OCT142005_02B2203: rejection of untimely appeal; hold classification/identity conflict. Review source status…
Decision summary: AAO decision OCT142005_02B2203: rejection of untimely appeal; hold classification/identity conflict.
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 | OCT142005_02B2203 |
|---|---|
Decision date as printed | Printed cover date is illegible; file identifier says October 14, 2005. |
Classification / field stated in source | Conflicting: page 1 cover identifies an EB-1A petition under INA 203(b)(1)(A); page 2 calls it a nonimmigrant visa petition. Classification/identity unresolved. |
Procedural posture | Page 2 describes Vermont Service Center decision dated May 23, 2003 and an appeal received April 5, 2004, more than ten months after decision; counsel alleged petitioner’s immigration office closed and mail was forwarded late. AAO rejects as untimely, stating appeals have no equivalent excuse provision and director declined to treat as motion. Because the body classifies it as a nonimmigrant visa petition despite EB-1A cover, hold source identity/scope. |
Operative disposition | rejection of untimely appeal; hold classification/identity conflict |
Final-merits status | not reached |
What the AAO decision addressed
rejection of untimely appeal; hold classification/identity conflict
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
Cover calls this EB-1A under INA 203(b)(1)(A), while body calls it a nonimmigrant visa petition. Verify correct source/classification before any publication.
Specific caveats recorded by the reviewer
Do not include in EB-1A SEO/AEO collections until authoritative source confirms the correct case/classification. Even the procedural account may concern another visa type.
No individual criterion state is inferred from director-level general findings or procedural disposition.
Source-cited findings recorded in review
p. 1 cover date/classification; p. 2 says nonimmigrant visa petition, decision and receipt dates, explanation and order.
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: Hold pending 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
Remand research
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