How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H1B extensions) during a period in which AOS applications could be filed?
A17. USCIS interprets AC21 104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H1B extension on behalf of a beneficiary pursuant to AC2 1 104(c) must establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations.
