7th year extension without I-140

The confusion here is because there are no implementing regulations for AC21

AC21 does appear to require a pending immigrant petition for extension beyond 6 years. I am Jim M and I posted the first response in this thread. I am an attorney. I filed a request for a 7th year extension in December 2000. It was approved. Maybe I got lucky on this one but it is also possible that INS does not think the legislature said exactly what it meant in that section and believes that the legislature meant to include pending LCs as pending immigrant petitions. Yes, I know that\'s a reach but INS has done stranger things.

My argument would be that the legislature would not have intended to exclude people who worked for corporations who would not qualify for RIR filings and therefore a pending LC should be enough. The extension application itself may be sufficient to get an I-485 filed in some circumstances.

Anyway, the confusion is due to a lack of implementing regulations for AC21. My suggestion would be to try it and hope.

Jim

James D. Mills
(formerly Jim M)
Attorney at Law
732-644-5702
 
r_ross

What section of AC21 states this? I believe the AC21 refers to a "timely filed petition". That means prior to expiration of status.

Jim

James D. Mills
(formerly Jim M)
Attorney at Law
732-644-5702
jdmills@justice>com
 
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