Pjiang, Help on H1B extension

Pjing,

I asked this question couple days before

H1B first 3 year expired on September 30, 3008.
I -140 pending, I-485 pending.

You told me that the extension should be 3 years and has nothing to do with AC21. My lawyer told me this morning that since I-140 is pending, my H1B only can extend one year. I don't think my lawyer is right.

Therefore, could you help me to find some memos from USCIS to prove that my lawyer is wrong?

Appreciate your help.