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AAO EB-1A decision SEP032009_01B2203: Appeal timeliness

AAO EB-1A decision SEP032009_01B2203: Appeal timeliness

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

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

Primary source

Official USCIS AAO decision PDF for SEP032009_01B2203