YATES 的 Q3 反复读了几遍觉得味道不对. 他说的是 "who has been granted an H-1B extension beyond the 6th year", 但是 "will nonetheless only be allowed to remain for the 6-year maximum period of stay?".
这么说的话,一旦LC,140, 485 随便那一步出了问题,H1B MAX 只能6年,或者说你在H1B 第七年的话,H1B STATUS 马上就废了. 当然LC/140 还可以上诉拖以下,485不能上诉,立时就废了, 除非有第二个LC/140 PENDING.
要这样的话,FILE 485后还不如用EAD算了,延期H1B超过6年没意义了.
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Yates 12/27/05 Q&A memo:
Question 3. Are there cases where an alien, who has been granted an H-1B extension
beyond the 6th year, will nonetheless only be allowed to remain for the 6-year maximum
period of stay?
Answer: Yes. As addressed in the April 24, 2003 guidance memorandum, USCIS is required to grant
the extension of stay request made under section 106(a) of AC21, in one-year increments, until such
time as a final decision has been made to:
A. Deny the application for labor certification, or, if the labor certification is approved, to deny the
EB immigrant petition that was filed pursuant to the approved labor certification;
B. Deny the EB immigrant petition, or
C. Grant or deny the alien’s application for an immigrant visa or for adjustment of status.
If at any time before or after the filing of the single (combined) extension request a final decision is
made on the above-stated grounds, the beneficiary of the extension request will not be entitled to an
extension beyond the time remaining on his or her 6-year maximum stay unless another basis for
exceeding the maximum applies.