6yrs H1 expiring, applied for 3yr extension (as per new Yates Memo)

[DalRanger]

Hello All,
Here' my situation:
Category: EB3
Labor PD:12/04/03
Labor approved: 06/20/04
I-140 Approved: 08/28/04
Applied for Consular Processing, currently papers are in Chennai consulate.

I have applied for 3yrs extension (as my current H1 is expiring in Sep 05) as per new Yates Memo. But I have received a query from USCIS. They are asking me to submit further evidence supporting my I485 application. But I have opted for Consular processing, does it mean that CP candidates do not qualify for 3yr extensions?

My understanding was that anyone who got their Labor cleared more than 365 days prior and also got the I-140 approved are eligible for automatic 3yr extensions.

Please clarify if this is not true and also how should I respond to the query.

Thanks,
-DR

 

[aakupachha]

Are you from a retrogressed country? I am from India and after 7th year extension I switched to a new company. The new employer filed for H1 for 2 years. Today I received an email that an RFE is issued in my case. I am not sure what the RFE is yet? Mine is not CP. I thought any I485 pending applicants where visa numbers are not available can apply for 3 year extension.