1. AC21, either 104(c) or 106(a) may allow you to extend h1 > 6 yr. But 104(c) applies only if you are subject to per country limit ie your PD is not current. If you are going to file 485 in the light of Jun VB advance, 104(c) does not work for you.
106(a):
Yates memo:
The limitation on the total period of stay does not apply to H-1B aliens when:
1. 365 days or more have passed since the filing of any application for labor certification, form eta 750, that is required or uded by the alien to obtain stauts as an EB immigrant; or
2. 365 days or more have passed since the filing of an EB immigrant petition.
The secretray of homeland security is required to grant the extension of stay of such H-1B nonimigrants in one-year increments, until a final decision is made:
1. to deny the application of labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certificaton;
2. to deny the EB immigrant petition, or
3. to grant or deny the alien's applicaiton for an immigrant visa or for ajustment of status.
Strictly interpreting above word for word, you can use 106(a), since the memo only says 365 days has passed. It doesn't say approval will nullify your eligibily for extension. The only approval that nullifies it is 485 approval.
But im my opinion, the intention of AC21 106(a) was for those who have "PENDING" LC/140 but the law does not specifically says so. You may try to use 106(a). You get one year at a time. (104c gets you 3 yr). But this is somehow gray.
The most assured way to get 7th yr extenstion is that you have two LC's for your GC. One is at pending 485 (PD current) for your GC. Another LC is pending or its 140 is pending or 485 cannot be filed due to PD not current. You use second LC to extend your h1 beyond 6 yr.
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2. Once you use EAD, you are on AOS. You cannot get back to H1
--------------------------
3. Spouse: s/he must have his/her own GC process to extend beyond 6 yr. Can not use yours. That's why the couples always better start GC process on each spouse's own name.
106(a):
Yates memo:
The limitation on the total period of stay does not apply to H-1B aliens when:
1. 365 days or more have passed since the filing of any application for labor certification, form eta 750, that is required or uded by the alien to obtain stauts as an EB immigrant; or
2. 365 days or more have passed since the filing of an EB immigrant petition.
The secretray of homeland security is required to grant the extension of stay of such H-1B nonimigrants in one-year increments, until a final decision is made:
1. to deny the application of labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certificaton;
2. to deny the EB immigrant petition, or
3. to grant or deny the alien's applicaiton for an immigrant visa or for ajustment of status.
Strictly interpreting above word for word, you can use 106(a), since the memo only says 365 days has passed. It doesn't say approval will nullify your eligibily for extension. The only approval that nullifies it is 485 approval.
But im my opinion, the intention of AC21 106(a) was for those who have "PENDING" LC/140 but the law does not specifically says so. You may try to use 106(a). You get one year at a time. (104c gets you 3 yr). But this is somehow gray.
The most assured way to get 7th yr extenstion is that you have two LC's for your GC. One is at pending 485 (PD current) for your GC. Another LC is pending or its 140 is pending or 485 cannot be filed due to PD not current. You use second LC to extend your h1 beyond 6 yr.
--------------------------
2. Once you use EAD, you are on AOS. You cannot get back to H1
--------------------------
3. Spouse: s/he must have his/her own GC process to extend beyond 6 yr. Can not use yours. That's why the couples always better start GC process on each spouse's own name.
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