A lawyer's intepretion

The H-1B extension opportunities are offered by the so-called AC21 Act. It provides for H-1B extensions in two circumstances:
(1) Those whose I-140 petions in EB-1, EB-2, and EB-3 have been approved but are unable to file or complete I-485 applications because of the visa number unavailability in his/her case: Under AC21 section 104(c), they can apply for extension of H-1B status beyond six year limit until I-485 is filed and decided. They can apply for the extension in "three-year" increment. For this extension, they do not have to prove that 365 days have passed since they filed either labor certification or petition. The extension is granted inasmuch as either I-485 could not filed or I--485 was filed but could not be completed because of the visa number retrogression for him or her. Currently this option is available only to Chinese, Indians, and Filipinos. However, when the visa number retrogression spreads to other nationalities, they will also be eligible for the H-1B extension beyond six years under this option. The eligible people include the following groups:
Group I: He/she obtained I-140 approval and I-485 was also filed but could not be adjudicated because of the visa number problem.
Group II: He/she obtained I-140 approval but cannot file I-485 because the visa number is not available for him/her.
(2) Those whose I-485 applications or I-140 petitions or labor certification application have been pending for more than 365 days before his/her H-1B status reaches six (Oops!) years. (Petition or labor certificaton should have been filed before reaching five years in H-1B): Under AC21 section 106(a), they can extend their H-1B status in one-year increments until I-485 can be filed or completed. More likely, the people in this group include following two groups of people:
Group I: Those Chinese, Indians, or Filippinos whose I-140 petitions have yet to be approved. For these Chinese, Indian, and Filipino professionals, the foregoing option under section 104(c) is not yet available because I-140 has not been approved.
Group II: Those professionals who were not born in China, India, or the Philippines and cannot apply for extension under the foregoing option, but 365 days passed since filoing of either labor certification application or I-140 petition. For this group of people, whether or not I-140 has been approved is immaterial and not relevant as the visa number unavailability is not a requirement and not relevant under this option. Accordingly, currently the H-1B professionals who need to apply for H-1B extension beyond six years under this option may more likely be non-Chinese, non-Indian, and non-Filipinos. This will change once the visa number retrogression expands

所有跟帖： 

• 多謝！能透露一下律師的名字嗎？ -排期受害人- ♀ (0 bytes) () 10/05/2005 postreply 15:44:03

• From www.immigration-law.com -tta- ♀ (32 bytes) () 10/05/2005 postreply 15:47:06

• 多謝大俠！但願INS的人也能理解這個。 -排期受害人- ♀ (0 bytes) () 10/05/2005 postreply 15:55:46

• Good Luck! -tta- ♀ (0 bytes) () 10/05/2005 postreply 15:57:45