有个朋友问了些问题,不好回答,请看看:
1. AC21 104(c) H1B 3 years extension beyond 6 year. If EB 140 is approved (was filed >365 days ago) and PD is current. 485 pending. Can you do it? What if during the 485 pending visa bulletin retrogresses and PD becomes non-current? Can you do it? Yates memo looks like you must have approved 140 and cannot file 485 due to non-current PD. In above cases if H1B extension requests 3 years (of course with all other conditions met, like 3 year LCA) but CIS thinks it only qualifies 1 year under 106(a), will they deny it or give 1 year?
2. Validity of H1B beyond 6 years if 485 is denied. You are in H1B beyond 6 years. Pending 485 is denied for reasons other than underlying 140/LC (140 not revoked). Is H1B is still valid till its I-94 date? If not, what’s the reasoning to not use EAD and have H1B to fall back on, since most folks are beyond 6 years H1B when they finally reach 485 adjudication?
3. 245(k) issue. The 180 days clock resets once you leave and are lawfully admitted again. If you go to Canada/Mexico for just a day or two then back by H1B visa automatic revalidation with valid H1B I-94, does this reset the clock? Some doubt because there is no new visa, nor new I-94. What do they stamp on the passport in such case?