I140 applied - H1B 7th yr extension

J

Jaggy

Registered Users (C)
This thread might be useful to someone visiting this forum thats the reason I am placing one here also.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.
 
365 day rule for H1B 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
 
As far as I know, If the LC is pending more than 365 days or LC approved applied 140/485, all are eligible to appy for 7th yr extn. You keep extending by every year till your 485 approval.
 
Read this

This is from Visalaw.com. Check link below.

Not to worry, you say. What about AC 21, Section 106? Does this not allow for H-1B extensions past the six year limit in cases of lengthy adjudications? Yes, it does and this might be an answer. But, wait, dear reader. Cast your mind back to November 2, 2002, when President Bush signed into law the Twenty First Century Department of Justice Appropriations Authorization Act (21st Century DOJ Appropriations Act), one section of which- Section 11030- amends AC 21, Section 106. The DOJ Appropriations Act amendment to AC 21 Section 106 removes the six year cap on H-1B status for your client on whose behalf a labor certification or employment-based immigrant petition on Form I-140 has been pending for 365 days or more. As William R Yates, Acting Associated Director for Operations, Bureau of Citizenship and Immigration Services, reminded us in his April 24, 2003 Memorandum, an H-1B 7th year can be granted until DOL decides whether to approve or deny the labor certification; if approved, your clients gets even more time until the CIS adjudicates the I-140. If the I-140 sails through, the H-1B extension goes on until the CIS grants adjustment of status or the State Department issues an immigrant visa at a US Consulate Whew! What a relief. If AC 21 Section 104(c) cannot save us, surely AC 21 Section 106 as modified by the 21st Century DOJ Appropriations Act will.

From: http://www.visalaw.com/05feb4/10feb405.html
 
Is it that 485 cannot be applied due to retrogession or you can apply 485 but it'll not be approved till you get a visa number?
 
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