About H1B extension get approved after I-485 filing

[manbeing]

I filed my H1B extension application in October,2011 and it is still pending. I will file my I-485 in March,2012. I wonder how many years the USCIS will approve in my H1B extension case. One year or Three years?

I found this memo from USCIS. According to it, the length of extension is determined by the date when you file I-129 H1B extension application. You will be approved three years if your priority date is not current in that date, otherwise, only one year will be issued. Do I understand correctly?

Q17: How will USCIS interpret the language of AC21 Sec 104© (for three-

year H-1B extensions) during a period in which AOS applications could be

filed?

A17. USCIS interprets AC21 §104© 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 H-1B extension on behalf of a

beneficiary pursuant to AC21 §104© must thus 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.

[Attorney_10]

Generally, if one's priority date is not current at the time of filing the H1B extension, then s/he is eligible for a three year extension. USCIS may approve the petition for the full three years (if requested) as long as sufficient supporting documents were included to support a three year extension. Generally, what matters is whether the priority date was current at the time of filing the petition, not at the time of adjudication.