H1B 7th year extension & I140 applied!

[Jaggy]

Guys I am starting a thread which I am sure will be useful to a lot of other people. We all know that if LC has been filed/pending for more than 365 days then H1B can be extended for the 7th yr.

I would like to consider a scenario where LC is not pending for 365 days but has been approved via PERM and I140 has been filed(Assuming I485 cannot be filed due to retrogession). In this scenario will the H1B keep extending till the AOS is approved . Guys please post a view as this scenario is really critical for our company and nee your help and views on the same.

 

[Jaggy]

365 day rule for 7th yr extension-not the only option!!

Pls read below and pls jot down your thoughts

Under what circumstances can someone who is running out of his/her six years in H-1B status extend that status?

AC21 provides for such extensions in two circumstances:

Under AC21 section 104(c), a beneficiary of an employment-based first, second or third preference petition who is eligible for permanent residence but for the application of the per-country limits may obtain extension of the H-1B status until the adjustment of status is decided.

The below text is from murthy.com

There was also some discussion as to exactly who is eligible for the extension. The language implies that 104(c) helps persons who have their I-140 approved and are waiting for their priority date to become current so they can file their I-485. However, the actual language is as follows: "any alien who -- (1) is the beneficiary of a petition filed" in EB1, EB2, or EB3 "and (2) is eligible to be granted that status but for application of the per country limitations applicable to immigrants…." Clause (1) could have said a petition that was approved, rather than just filed. Therefore there is a possibility that 104(c) can be used by a person whose I-140 is still pending.
This means that there is some hope for someone who has filed via PERM got LC approved and filed I140 to get 7th yr extension