回複：還是不清楚這H1B延第6年的事！！！-- 範律師的修正

1 and 2 are not the same and has totally different basis.
1. is based on AC 106(a), pending > 365 days is the key in the law, but in interim memo, USCIS loosen the "pending" requirement and accept "approved" as well. This is intended as a relief to people from slow processing speed.
2. is for another senario stated in 104(c) to relief people waiting for quota, the requirement is I-140 approval and nothing is said about how long what has pending.


問題是：這第2項是否需要LC/140申請超過365天？ No