AAO research
EB-1A appeal timeliness — AAO decision SEP032009_01B2203: Appeal rejected as untimely; returned to Director for consideration as a motion to reconsider.…
Decision summary: AAO decision SEP032009_01B2203: Appeal rejected as untimely; returned to Director for consideration as a motion to reconsider. Although appeal was untimely, it asserted the decision was incorrect based on record evidence, satisfying filing threshold for motion to reconsider; only Director may decide motion merits.
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: EB-1A procedural time-limit and motion-conversion decision; AAO expressly states this is not a merits evaluation.. This is a source-review label, not a legal conclusion.
Decision snapshot
Decision ID | SEP032009_01B2203 |
|---|---|
Decision date as printed | September 3, 2009 |
Classification / field stated in source | EB-1A procedural time-limit and motion-conversion decision; AAO expressly states this is not a merits evaluation. |
Procedural posture | Appeal filed 35 days after Director’s October 15, 2008 decision; AAO rejected the appeal as untimely but found it met motion-to-reconsider requirements and returned it to the Director. |
Operative disposition | Appeal rejected as untimely; returned to Director for consideration as a motion to reconsider. |
Final-merits status | not reached by current AAO decision; any Director findings mentioned are procedural history only |
What the AAO decision addressed
Although appeal was untimely, it asserted the decision was incorrect based on record evidence, satisfying filing threshold for motion to reconsider; only Director may decide motion merits.
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 — source PDF |
Published material about the person | Not reached — source PDF |
Judging the work of others | Not reached — source PDF |
Original contributions of major significance | Not reached — source PDF |
Scholarly authorship | Not reached — source PDF |
Artistic display or showcases | Not coded — source PDF |
Leading or critical role | Not reached — source PDF |
High salary or remuneration | Not reached — source PDF |
Commercial success in the performing arts | Not reached — source PDF |
Source-cited findings recorded in review
claim: Cover identifies EB-1A I-140 at Nebraska Service Center, dated September 3, 2009.; pages: 1
claim: Director issued denial October 15, 2008; appeal received November 19, 2008, 35 days after decision (also later receipt date December 19 shown, without explanation).; pages: 2
claim: Appeal was untimely; AAO found it met requirements for motion to reconsider and directed Director to decide it.; pages: 2
claim: AAO explicitly said its determination that appeal met motion filing requirements did not evaluate appeal merits or imply petitioner overcame denial grounds.; pages: 2
How this record may be used in research
Comparison scope: Narrow explainer on untimely appeal treated as motion when motion requirements are met; distinguish from untimely appeals rejected without conversion.
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
Published material about the person research
Leading or critical role research
Threshold research
Untimely research
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