jus found
for those in similar situation:
Section 104(c) : "One-Time Protection" of Three-Year H1B Extension
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As mentioned above, 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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MurthyDotCom and MurthyBulletin readers who are not familiar with the important topic of retrogression should review our many articles available on MurthyDotCom covering this complex matter. The Yates May 2005 Memo confirmed previous guidance that eligibility for these three- year H1B extensions requires an approved I-140 petition. If the I-140 petition is still pending, this provision cannot be used. This provision has been part of AC21 from the beginning, but did not become important until retrogression once again became an immigration reality in January 2005.
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Although this is designated as a "one-time protection," the Memo recognizes that, in some situations involving retrogression, three years may not be sufficient. Thus, it is possible to request more than one three-year H1B extension under this provision of the law, if one is otherwise eligible for this benefit, as outlined above.
