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AAO EB-1A decision OCT262005_06B2203: Appeal timeliness

AAO EB-1A decision OCT262005_06B2203: Appeal timeliness

EB-1A appeal timeliness — AAO decision OCT262005_06B2203: Appeal rejected as untimely. Review source status, procedural posture and the official USCIS PDF.

Decision summary: AAO decision OCT262005_06B2203: Appeal rejected as untimely. The appeal was not properly filed until June 9, beyond the 33-day mailed-decision period; no merits review (pp. 2–3).

Source reviewed: This page summarizes the specific AAO source and posture recorded in the completed source-review tracker. It does not turn a nonprecedent decision into a general rule.

Scope classification from review: In scope; verified in source review. This is a source-review label, not a legal conclusion.

Decision snapshot

Decision ID

OCT262005_06B2203

Decision date as printed

October 26, 2005

Classification / field stated in source

EB-1A extraordinary ability; field not identified in the reviewed pages.

Procedural posture

Director issued denial April 20, 2004. Petitioner submitted I-290B May 22, 2004, but it was rejected because it was not properly signed; the service center sent rejection notice June 1. A properly signed form was submitted June 9, 50 days after denial. AAO rejected the appeal as untimely and stated the Director had declined to treat it as a motion and forwarded it to AAO.

Operative disposition

Appeal rejected as untimely.

Final-merits status

not reached

What the AAO decision addressed

The appeal was not properly filed until June 9, beyond the 33-day mailed-decision period; no merits review (pp. 2–3).

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 considered

Membership

not considered

Published material about the person

not considered

Judging the work of others

not considered

Original contributions of major significance

not considered

Scholarly authorship

not considered

Artistic display or showcases

not considered

Leading or critical role

not considered

High salary or remuneration

not considered

Commercial success in the performing arts

not considered

Source-cited findings recorded in review

  • The appeal was not properly filed until June 9, beyond the 33-day mailed-decision period; no merits review (pp. 2–3).

How this record may be used in research

Comparison scope: Keep separate from merits determinations and from cases where the original defective filing date is accepted.

Editorial use note: Eligible for carefully scoped, citation-rich procedural content only; preserve nonprecedent status and posture.

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

  • Untimely research

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Primary source

Official USCIS AAO decision PDF for OCT262005_06B2203