AAO research

AAO EB-1A decision SEP082009_02B2203: Appeal timeliness

AAO EB-1A decision SEP082009_02B2203: Appeal timeliness

EB-1A appeal timeliness — AAO decision SEP082009_02B2203: Appeal rejected as untimely; matter returned to director for consideration as motion to reopen.…

Decision summary: AAO decision SEP082009_02B2203: Appeal rejected as untimely; matter returned to director for consideration as motion to reopen. Although decision was served August 21, 2008, appeal with correct fee was received October 16, 2008 (after the 33-day deadline). The appeal satisfied requirements for treatment as a motion to reopen, so director must decide it on 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 in-scope; current decision is procedural or remand-stage as stated above.. This is a source-review label, not a legal conclusion.

Decision snapshot

Decision ID

SEP082009_02B2203

Decision date as printed

September 8, 2009

Classification / field stated in source

EB-1A I-140 appeal rejected as untimely and returned for director to consider as motion to reopen.

Procedural posture

Appeal from Texas Service Center denial; appeal initially filed without proper fee and at wrong service center.

Operative disposition

Appeal rejected as untimely; matter returned to director for consideration as motion to reopen.

Final-merits status

Criteria and final merits not reached by AAO; motion merits left to director.

What the AAO decision addressed

Although decision was served August 21, 2008, appeal with correct fee was received October 16, 2008 (after the 33-day deadline). The appeal satisfied requirements for treatment as a motion to reopen, so director must decide it on 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 petition and September 8, 2009 date.; pages: 1

  • claim: The decision explains the original appeal was sent to the wrong center, correct-fee receipt was October 16, 2008, and appeal was untimely.; pages: 2

  • claim: AAO found the untimely appeal met requirements for a motion to reopen and returned it to the director for a new decision.; pages: 2; 3

How this record may be used in research

Comparison scope: Procedural-only; substantive motion outcome is absent.

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

  • 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 SEP082009_02B2203