rcd47 Posted January 16, 2013 Report Posted January 16, 2013 Opted consular processing while filing 140. 140 approved and my file has been forwarded to NVC. Am I eligible for 3 yrs H1B extension under AC21?
catx Posted January 16, 2013 Report Posted January 16, 2013 AC21 provisions to H-1B visa only apply after completion of the initial 6 years and on a H-1B visa extension based on an approved I-140 petition. They do not apply once you have an approved I-140 petition by itself. Also, the AC21 provisions for H-1B visa are not the same as provisions after filing an I-485 adjustment of status. In fact, the ability to get an H-1B visa extension beyond the initial 6 years based an approved I-140 petition is an AC21 provision.
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