I'm starting this thread for people who either already have I-140 approved or waiting for its approval, and they also need to extend their H1. My understanding is that because all EB* categories are current now (no retrogression) so these folks won't qualify for 3 year extension under AC21. Please comment on this understanding and share your experiences & thoughts.
The rule that allows for 3-year extensions requires that the I-140 petition has been approved and that an immigrant visa number is NOT available in the particular category. Since the 3-year rule requires non-availability of visa numbers, its applicability in any particular case is impacted by Visa Bulletin cutoff date movement. The forward movement of visa numbers will help many to file their I-485s, it could result in their only being able to gain one-year H1B extensions instead of 3-year H1B extensions, based on the priority dates now being current.
H1B cases can be filed up to six months prior to the requested start date. Thus, those seeking three-year H1B extensions should consider filing in advance. This means that they will be filing when a three-year extension is still available to them. If their priority dates are fairly close to being current (or available), then they may want to file quickly, using premium processing, so that their cases are approved while they are eligible for three-year H1B extensions. Otherwise, by waiting, the cutoff dates could move forward sufficiently so that they would not be eligible for three-year H1B extensions. In such a situation, they would be eligible only for one-year extensions, assuming that they have met the 365-day rule.
Since there is a six-month window to file an H1B case, there are situations in which it may be better to wait to file because of the three-year H1B extension rules. While the Visa Bulletin had significant forward movement for June 2007, the expectation is that the dates will move backwards sometime after the summer.
Having a three-year extension saves considerable time and money in the long run. Please discuss strategies with qualified, experienced immigration attorneys.
