AC21 interim memo on Section 104(C)

[rrajendr]

Hi
I have an EB3 approved I-140 CP application however the CP interview is
pending since April 05 because of retrogression. I was looking at the
AC21 interim memo on section 104(C) issued on 5/12/05 and have
following questions based on that. Can someone please answer that and
confirm on my understanding?


1)Is Section 104(C) APPLICABLE for CP CASES as well or is it applicable
only for AOS cases?
2)If the answer to question 1) is true, will I be eligible for MULTIPLE
3 YEAR H1B INCREMENTS till I get my CP interview scheduled and approved
or will I be able to ONLY have ONE 3 Year H1B increment?
3)How DIFFERENT is this interim memo compared to the earlier published
AC21 Section 104(C)?
4)My wife is on H4 and she is on CP process with my GC Appln as the
beneficiary. Will she also be allowed to extend her H4 in MULTIPLE
INCREMENTS OF 3 YEARS till she gets her GC as well.

 

[great guru]

Hi
I have an EB3 approved I-140 CP application however the CP interview is
pending since April 05 because of retrogression. I was looking at the
AC21 interim memo on section 104(C) issued on 5/12/05 and have
following questions based on that. Can someone please answer that and
confirm on my understanding?


1)Is Section 104(C) APPLICABLE for CP CASES as well or is it applicable
only for AOS cases?
2)If the answer to question 1) is true, will I be eligible for MULTIPLE
3 YEAR H1B INCREMENTS till I get my CP interview scheduled and approved
or will I be able to ONLY have ONE 3 Year H1B increment?
3)How DIFFERENT is this interim memo compared to the earlier published
AC21 Section 104(C)?
4)My wife is on H4 and she is on CP process with my GC Appln as the
beneficiary. Will she also be allowed to extend her H4 in MULTIPLE
INCREMENTS OF 3 YEARS till she gets her GC as well.

Since your I 140 is approved and the date is not current, you are now eligilbe for 3 year extention beyond 6 year and also your spouse H4 too.

 

[rrajendr]

HI Great Guru
Thanks for your reply. Are the 3Yr extensions
a) applicable for CP (Consular processing) cases as well?
b)Can MULTIPLE 3 YR increments for H1, H4(ie more than one 3 yr increments) be got?

 

[great guru]

HI Great Guru
Thanks for your reply. Are the 3Yr extensions
a) applicable for CP (Consular processing) cases as well?

I 140 is approved and the date is not current this is the creteria to get 3 yr extn.

How you are going to do your status change, AOS/I485 or CP or not going for GC is immaterial now.b)Can MULTIPLE 3 YR increments for H1, H4(ie more than one 3 yr increments) be got?

You will get further extention increment of 3 yrs until your CP or AOS is approved.

If your I 140 is not approved still you will get extn but 1 year increments only