AC21 Section 104(c) allows for a one-time, three-year extension of the H1B status, beyond the standard six-year limit on H1Bs. These are for individuals with green card cases in which both the labor certification and I-140 have been approved, but the case cannot move forward to the I-485 stage due to the per-country limitations on issuance of immigrant visas. There is no 365-day requirement in this provision. Essentially, this provision is for those who face delays due to visa retrogression caused by the unavailability of the priority dates.
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