santb1975
01-31 06:34 PM
for voting and keeping this question under # 10 of the most popular questions. Please remember to send similar questions to the Presidential Debate's. I will send one in too
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bigboy007
04-27 11:28 PM
For me as i did similar analysis during CIR 2007 the text of the bill looks very much similar. They had the same issues on H1/L1 except now fraud prevention... Not sure where it goes... Any idea Pappu, PPL seem to be still interested in debating H1Vs L1 etc... For sure more offshoring...
Pappu,
I went through the text of the new bill vis-a-vis current INA and compared the old and the proposed act. Here are the findings -
Section 101 - This spells disaster for all H1Bs in consulting companies (as FT or C2C) -
by striking clause (ii) of sub-paragraph (E) of the section 212(n)(1), and then adding the new clauses under (F), they are PROHIBITING placement of H1B employees on another employer's site, period. This will affect NOT ONLY pure staffing (desi or non-desi) companies who place their W-2 H1B employees at client site, BUT ALSO big consulting companies like IBM/ACCENTURE/DELOITTE et al. No placement/leasing/outsourcing/contracting for services or otherwise at another employer, period - UNLESS a waiver is obtained, which will mean every company will need to obtain a waiver in order to do so, EFFECTIVELY ENDING ANY CONSULTING BY H1B.
Section 102 - This spells disaster for all companies who's H1B+L1 > 50% total employees
by inserting two new clauses (H) and (I) in section 212(n)(1), it prohibits H1B only or H1B preferred advertisements and prevents any company that employees more than 50 employees to submit NEW H1B/L1 application IF the total number of H1B and L1 employees exceeds 50% of its total employees. It also requires ANY company employing even a single H1B employee to submit W-2s of IRS. This affects ALL Indian IT companies like TCS/WIPRO/INFOSYS/COGNIZANT et al.
remaining sections (103 onwards) are more about enforcement and investigations.
Section 201 - This spells disaster for companies that bring in workers on L visas
This also affects ALL Indian IT companies like TCS/WIPRO/INFOSYS/COGNIZANT et al. AS WELL AS some other companies that might bring in workers from their home country.
IN SUMMARY -
In the SHORT RUN, this hurts outsourcing industry, as they need more time, and H1B/L1 resources on site to transition the work offshore, but I agree that in the LONG RUN, it will GREATLY BENEFIT AND INCREASE OUTSOURCING.
That will indeed be a sad day. Grassley and Durbin are trying to cut the branch they are sitting on. :) This will have the exact opposite of their desired effect.
Hope this helps.
Pappu,
I went through the text of the new bill vis-a-vis current INA and compared the old and the proposed act. Here are the findings -
Section 101 - This spells disaster for all H1Bs in consulting companies (as FT or C2C) -
by striking clause (ii) of sub-paragraph (E) of the section 212(n)(1), and then adding the new clauses under (F), they are PROHIBITING placement of H1B employees on another employer's site, period. This will affect NOT ONLY pure staffing (desi or non-desi) companies who place their W-2 H1B employees at client site, BUT ALSO big consulting companies like IBM/ACCENTURE/DELOITTE et al. No placement/leasing/outsourcing/contracting for services or otherwise at another employer, period - UNLESS a waiver is obtained, which will mean every company will need to obtain a waiver in order to do so, EFFECTIVELY ENDING ANY CONSULTING BY H1B.
Section 102 - This spells disaster for all companies who's H1B+L1 > 50% total employees
by inserting two new clauses (H) and (I) in section 212(n)(1), it prohibits H1B only or H1B preferred advertisements and prevents any company that employees more than 50 employees to submit NEW H1B/L1 application IF the total number of H1B and L1 employees exceeds 50% of its total employees. It also requires ANY company employing even a single H1B employee to submit W-2s of IRS. This affects ALL Indian IT companies like TCS/WIPRO/INFOSYS/COGNIZANT et al.
remaining sections (103 onwards) are more about enforcement and investigations.
Section 201 - This spells disaster for companies that bring in workers on L visas
This also affects ALL Indian IT companies like TCS/WIPRO/INFOSYS/COGNIZANT et al. AS WELL AS some other companies that might bring in workers from their home country.
IN SUMMARY -
In the SHORT RUN, this hurts outsourcing industry, as they need more time, and H1B/L1 resources on site to transition the work offshore, but I agree that in the LONG RUN, it will GREATLY BENEFIT AND INCREASE OUTSOURCING.
That will indeed be a sad day. Grassley and Durbin are trying to cut the branch they are sitting on. :) This will have the exact opposite of their desired effect.
Hope this helps.
maristella61
01-31 10:52 AM
Thanks for the thread. I just voted ! Everyone else please do the same !
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learning01
02-01 07:07 PM
(Gavel noise * 3)
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rajeshalex
09-25 09:47 AM
May be we should delete this thread itself.
praky
08-03 04:45 PM
I'm July 2007 filer and per the Aug visa bulletin my I-485 application is current (PD - Feb, 2006). I raised a SR with NSC on 15-Jul to find out the status of my application and here is the response I got from them today:
The processing of your case has been delayed. A check of our records establishes that your case is not yet ready for decision, as the required investigation into your background remains open.
Until the background investigation is completed, we cannot move forward on your case. These background checks are required to be completed on all applicants who apply for the immigration benefit you are seeking. We will make every effort to make a decision on this case as soon as the background checks are complete. If you do not receive a decision or other notice of action from us within 6 months of this letter, please contact customer service at the number provided below.
I'm kind of worried as I haven't seen folks getting this response. I haven't gotten even a DMV ticket and not sure why would I get that kind of response. Please advise what should be my next course of action and if there is anything I can do from my end.
Thanks,
Praky
The processing of your case has been delayed. A check of our records establishes that your case is not yet ready for decision, as the required investigation into your background remains open.
Until the background investigation is completed, we cannot move forward on your case. These background checks are required to be completed on all applicants who apply for the immigration benefit you are seeking. We will make every effort to make a decision on this case as soon as the background checks are complete. If you do not receive a decision or other notice of action from us within 6 months of this letter, please contact customer service at the number provided below.
I'm kind of worried as I haven't seen folks getting this response. I haven't gotten even a DMV ticket and not sure why would I get that kind of response. Please advise what should be my next course of action and if there is anything I can do from my end.
Thanks,
Praky
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lacrossegc
02-11 01:43 PM
Every one keeps talking of "H1 Transfer" there is no such thing... every time someone files a H1 Petition on your behalf it is a new H1 Petition the only thing that changes is the length of the approval period. The period already used in previous H1b employments is deducted.
Now as far as the I94 and AP, as someone said earlier, when you use AP, you are parolled into the US. Similarly when you apply for H1 you get a new I94 along with the approval notice. This resets your status to H1b with I94 validity set to the length of approval period
Now as far as the I94 and AP, as someone said earlier, when you use AP, you are parolled into the US. Similarly when you apply for H1 you get a new I94 along with the approval notice. This resets your status to H1b with I94 validity set to the length of approval period
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srinivasj
01-18 04:56 PM
i am ready to contribute...please count me in...
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qplearn
09-13 04:10 PM
A simple Google search on Immigration Voice has in its fourth hit that Washington Post Article...I don't maintain the page that you were looking in.
Please stop complaining, and stop yelling. Please do something constructive - write that op-ed piece and publish it in The NY Times.
Thank you.
This forum is for discussions; nobody is yelling at you. YOU pointed out to thread that linked to the WASH Post article; it turned out to be about illegal immigrants.
Also, I will definitely write to NY TIMES, but cannot do it on behalf of IV.
Also, I do not know of your efforts; so how could I trash them? :)
Please stop complaining, and stop yelling. Please do something constructive - write that op-ed piece and publish it in The NY Times.
Thank you.
This forum is for discussions; nobody is yelling at you. YOU pointed out to thread that linked to the WASH Post article; it turned out to be about illegal immigrants.
Also, I will definitely write to NY TIMES, but cannot do it on behalf of IV.
Also, I do not know of your efforts; so how could I trash them? :)
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ChainReaction
07-18 11:22 AM
You mean EAD, not AP, right? AP can be used in conjunction with EAD.
Also, you can file for both EAD and AP and not use it. Just having the two will not force you to have 1 year extenstions. You can still get 3 year extensions if you don't use EAD and AP.
Am I right, friends?
Based on my understanding once 485 is filed, one can only get one year H1b extension it does not matter if one uses EAD/AP.
Also, you can file for both EAD and AP and not use it. Just having the two will not force you to have 1 year extenstions. You can still get 3 year extensions if you don't use EAD and AP.
Am I right, friends?
Based on my understanding once 485 is filed, one can only get one year H1b extension it does not matter if one uses EAD/AP.
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saimrathi
07-11 05:02 PM
Thanks for the letter.. I will forward it to all my contacts..
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axp817
03-31 11:25 AM
USCIS could be making a determination that the 140's company is now revoking were approved iun error and people are not eligible for ac21.
If it is determined that that is indeed why they (USCIS) denied a certain 485, and then the applicant proceeds to hire/seek the help of competent lawyers and accounting professionals (I�m not naming anyone here :)) to file an MTR where the old employer�s ability to pay for that particular employee (from the time of filing the labor until the employee left the old employer/submitted AC21 documents) is demonstrated via the employee's W-2s, do you think the applicant has a chance to get the 485 re-instated?
I'll keep everyone posted of what happens to this case.
Thanks, highly appreciated, as always.
If it is determined that that is indeed why they (USCIS) denied a certain 485, and then the applicant proceeds to hire/seek the help of competent lawyers and accounting professionals (I�m not naming anyone here :)) to file an MTR where the old employer�s ability to pay for that particular employee (from the time of filing the labor until the employee left the old employer/submitted AC21 documents) is demonstrated via the employee's W-2s, do you think the applicant has a chance to get the 485 re-instated?
I'll keep everyone posted of what happens to this case.
Thanks, highly appreciated, as always.
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mhathi
11-06 01:31 PM
Well Said! I support you 100% and agree with you totally about this. Fraud is any program is unfair and unjust on everybody, including the H1 holders themselves.
Actually, not all he said was wrong.
We should not support what these IT consulting companies are doing with H1B programme just because we are on H1. These big companies are hoarding H1B visas so they can have an upperhand when dealing with the employees.
My own employer was trying to get as many H1s as possible without having ANY work for them. They sent us all a few emails asking us if we had any family or friends back home who want to come to US on H1. These guys make the H1 applicants pay for the application expenses, then just keep them there or get them here and keep them on bench and almost everybody here is familiar with what happens next.
Think from an American's point of view.. It is THEIR country, THEY make the laws that benefit their society and economy.. they have all the right to stand up against these practices by foreign based companies..
I like his statement "H1B is supposed to be used when there IS a job but no American to do it" What these Consulting companies have turned it into is "There is a person on H1B avaliable If and when there is a job to do" OR worse "There is an H1B holder available, on bench, but no job to do"
I totally support reform in the H1 process with a target to reduce fraud. That will ultimately benefit people like us who will come here on H1B in future.
Please don't fire me for taking his side, I'm not. I'm in favour of market deciding what it needs, but I'm 100% against fraud, and all of know these so called consulting companies ARE indulging in fraud..
Actually, not all he said was wrong.
We should not support what these IT consulting companies are doing with H1B programme just because we are on H1. These big companies are hoarding H1B visas so they can have an upperhand when dealing with the employees.
My own employer was trying to get as many H1s as possible without having ANY work for them. They sent us all a few emails asking us if we had any family or friends back home who want to come to US on H1. These guys make the H1 applicants pay for the application expenses, then just keep them there or get them here and keep them on bench and almost everybody here is familiar with what happens next.
Think from an American's point of view.. It is THEIR country, THEY make the laws that benefit their society and economy.. they have all the right to stand up against these practices by foreign based companies..
I like his statement "H1B is supposed to be used when there IS a job but no American to do it" What these Consulting companies have turned it into is "There is a person on H1B avaliable If and when there is a job to do" OR worse "There is an H1B holder available, on bench, but no job to do"
I totally support reform in the H1 process with a target to reduce fraud. That will ultimately benefit people like us who will come here on H1B in future.
Please don't fire me for taking his side, I'm not. I'm in favour of market deciding what it needs, but I'm 100% against fraud, and all of know these so called consulting companies ARE indulging in fraud..
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Almond
01-08 05:02 PM
They moved from 8/1/2002 to 9/22/2002.
According to the I485 inventory they published, there is what.. 400 cases between these two date, why only move 400 cases per month = 4800 per year when the annual quota for EB3 ROW is what.. around 30,000?
Never mind the spillover, can ROW just get its normal quota at least?
Yeah, exactly, that's what I don't get either. We know it's not a huge amount of cases they've got in that time frame, so what is the slowdown. This is maddening.
According to the I485 inventory they published, there is what.. 400 cases between these two date, why only move 400 cases per month = 4800 per year when the annual quota for EB3 ROW is what.. around 30,000?
Never mind the spillover, can ROW just get its normal quota at least?
Yeah, exactly, that's what I don't get either. We know it's not a huge amount of cases they've got in that time frame, so what is the slowdown. This is maddening.
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RandyK
11-06 12:41 PM
Positive or negative we need to know what is going on out there, this visa deal has made me a geek (no offence), I watch CSPAN when Monday night football is on.
:rolleyes:
:rolleyes:
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burnt
04-09 12:30 AM
I received a call from my lawyer last week saying he got a call from USCIS asking the lawyer whether my wife got the TB Skin test done or not, as she did not get it originally as we were expecting our child at the moment.
I sent the lawyer the scanned copy of the TB skin test results and posted him the sealed envelope separately yesterday, which he was planning on Faxing over to USCIS. Today I saw a soft LUD on my wife's I-485.
Don't know what this means? Its hard to belive that my Lawyer is so proactive to send the fax right away. And I can't believe that someone at USCIS actually updated my wifes case after lawyers response...
So don't know whats going on there... Friends whats meant by pre-adjudication?
I sent the lawyer the scanned copy of the TB skin test results and posted him the sealed envelope separately yesterday, which he was planning on Faxing over to USCIS. Today I saw a soft LUD on my wife's I-485.
Don't know what this means? Its hard to belive that my Lawyer is so proactive to send the fax right away. And I can't believe that someone at USCIS actually updated my wifes case after lawyers response...
So don't know whats going on there... Friends whats meant by pre-adjudication?
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desi3933
07-11 10:50 AM
Now that USCIS / DOS know that they have made mistake and also aware that this is exposed to the entire country. So this is what they are doing.
1. Keep all the applications pending so that AILF could not start the lawsuit. ALIF needs rejection proof.
Incorrect.
2. Updated their site stating the receipt notice will be sent after Aug 1st, So everyone keeps quiet till this date.
How does it matter?
3. I beleive, the Judge will rule out by July 29 saying that itis fault of DOS / USCIS and say they have to accept all the applications which are filed in July leaving the applicants only two days to file.
Highly unlikely. The lawsuit could take one and half year (or more).
Even if judge rules on July 29th, usually a reasonable time is given. How did you come up with 2 days.
4. No one can argue that all the ELIGIBLE applicants should be allowed to file. The reason is NOT all the eligible applicants filed in June. Also if you feel that you are eligible for July, then you should have prepared all your application papers ready by July 29. If you cannot file, you are out.
I feel, this is what is going to happen. So better prepare your papers and keep it ready.
The big question is, how you define "ELIGIBLE applicants"?
Any lawsuit needs lot of time and patience. And none of emotions.
_______________________
Not a legal advice.
1. Keep all the applications pending so that AILF could not start the lawsuit. ALIF needs rejection proof.
Incorrect.
2. Updated their site stating the receipt notice will be sent after Aug 1st, So everyone keeps quiet till this date.
How does it matter?
3. I beleive, the Judge will rule out by July 29 saying that itis fault of DOS / USCIS and say they have to accept all the applications which are filed in July leaving the applicants only two days to file.
Highly unlikely. The lawsuit could take one and half year (or more).
Even if judge rules on July 29th, usually a reasonable time is given. How did you come up with 2 days.
4. No one can argue that all the ELIGIBLE applicants should be allowed to file. The reason is NOT all the eligible applicants filed in June. Also if you feel that you are eligible for July, then you should have prepared all your application papers ready by July 29. If you cannot file, you are out.
I feel, this is what is going to happen. So better prepare your papers and keep it ready.
The big question is, how you define "ELIGIBLE applicants"?
Any lawsuit needs lot of time and patience. And none of emotions.
_______________________
Not a legal advice.
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sobers
02-21 11:47 AM
I sincerely believe NASSCOM should not ask Bush to raise H1B cap while he is there. It will create unnenecessary rukus in the U.S. media, and critics may contend that foreign institutions are trying to influence US immigraton policy.
Anyone with contacts in the Sofware Industry/NASSCOM please contact them (and Karnik) to let them know this will be counter-productive at this time. I'm not sure what these guys are thinking, sitting in their offices in Bangalore:(
Social Secuirity Reform for H1Bs is, on the other hand, a genuine financial concern and should be tackled immediately.
------------
Indo-Asian News Service
Bangalore, February 21, 2006
The National Association of Software and Service Companies (Nasscom) will take up the issue of enhancing the H1-B visa cap for Indian IT professionals during US President George W Bush's upcoming visit to India.
The present annual cap of 65,000 H1-B visas for Indian professionals was far too low and needed to be raised substantially to meet the growing industry demand, Nasscom president Kiran Karnik told reporters in Bangalore on Tuesday.
"Though there are no great issues with the US, we are concerned with the existing cap on H1-B visas, which continues to trouble us," Karnik said.
He added, "This is something even the US corporations are concerned about and share with us."
"We intend to take up the issue with President Bush during his forthcoming visit to India (March 1). Since the US administration too understands our needs, we hope they address it."
"Indications are some moves are afoot in this direction," Karnik said on the sidelines of the second Sino-India software industry cooperation summit.
Recalling how the number of H1-B visas for Indian professionals touched a peak of 195,000 annually not long ago, Karnik said the Indian IT industry would be comfortable if the cap was more than doubled from the present level.
"We are looking at a cap substantially high enough to bridge the demand-supply gap. We want market forces to be the deciding factor as the Indian IT industry is the major user of the H1-B visa," Karnik pointed out.
The other major issue worrying Nasscom is the social security system or totalization agreement for Indian professionals working in the US under H1-B visa.
"Even the high fee structure for H1-B visas is concern for us because Indian professionals are made to pay up taxes for social security without any benefit. Since the H1-B visas are only for three-to-six years and social security benefits flow only after 10 years, Indians stand to lose out on them," Karnik lamented.
To overcome the problem, Nasscom has suggested the US government could refund the tax deducted under the social security system at the end of the work permit on the lines of some European countries.
"We are not against the deduction per se. Collect the social security tax, but refund the amount when the person leaves for home, as is being done by some Scandanavian countries like Finland and Sweden," Karnik affirmed.
In fact, Nasscom is in talks with more countries to introduce a similar tax system for the benefit of Indian IT professionals going abroad on work permit visas for onsite work or executing projects over a long period.
Nasscom also plans to bring to Bush's notice the urgent need to hasten the process of issuing H1-B and L1 visas.
"We are not against safeguards for L1 visas, but new restrictions should not be adverse. We agree L1 visas should not be misused. But the process should not take too long," Karnik said.
While H1-B visas allow companies incorporated in the US to employ professionals from overseas, L1 visas is more temporary in nature and is issued for transfer of an employee from overseas to the US.
In this context, Nasscom hoped the opening up of a US consulate in Hyderabad soon would benefit the Indian IT firms in reducing the time taken to process their visa applications.
Anyone with contacts in the Sofware Industry/NASSCOM please contact them (and Karnik) to let them know this will be counter-productive at this time. I'm not sure what these guys are thinking, sitting in their offices in Bangalore:(
Social Secuirity Reform for H1Bs is, on the other hand, a genuine financial concern and should be tackled immediately.
------------
Indo-Asian News Service
Bangalore, February 21, 2006
The National Association of Software and Service Companies (Nasscom) will take up the issue of enhancing the H1-B visa cap for Indian IT professionals during US President George W Bush's upcoming visit to India.
The present annual cap of 65,000 H1-B visas for Indian professionals was far too low and needed to be raised substantially to meet the growing industry demand, Nasscom president Kiran Karnik told reporters in Bangalore on Tuesday.
"Though there are no great issues with the US, we are concerned with the existing cap on H1-B visas, which continues to trouble us," Karnik said.
He added, "This is something even the US corporations are concerned about and share with us."
"We intend to take up the issue with President Bush during his forthcoming visit to India (March 1). Since the US administration too understands our needs, we hope they address it."
"Indications are some moves are afoot in this direction," Karnik said on the sidelines of the second Sino-India software industry cooperation summit.
Recalling how the number of H1-B visas for Indian professionals touched a peak of 195,000 annually not long ago, Karnik said the Indian IT industry would be comfortable if the cap was more than doubled from the present level.
"We are looking at a cap substantially high enough to bridge the demand-supply gap. We want market forces to be the deciding factor as the Indian IT industry is the major user of the H1-B visa," Karnik pointed out.
The other major issue worrying Nasscom is the social security system or totalization agreement for Indian professionals working in the US under H1-B visa.
"Even the high fee structure for H1-B visas is concern for us because Indian professionals are made to pay up taxes for social security without any benefit. Since the H1-B visas are only for three-to-six years and social security benefits flow only after 10 years, Indians stand to lose out on them," Karnik lamented.
To overcome the problem, Nasscom has suggested the US government could refund the tax deducted under the social security system at the end of the work permit on the lines of some European countries.
"We are not against the deduction per se. Collect the social security tax, but refund the amount when the person leaves for home, as is being done by some Scandanavian countries like Finland and Sweden," Karnik affirmed.
In fact, Nasscom is in talks with more countries to introduce a similar tax system for the benefit of Indian IT professionals going abroad on work permit visas for onsite work or executing projects over a long period.
Nasscom also plans to bring to Bush's notice the urgent need to hasten the process of issuing H1-B and L1 visas.
"We are not against safeguards for L1 visas, but new restrictions should not be adverse. We agree L1 visas should not be misused. But the process should not take too long," Karnik said.
While H1-B visas allow companies incorporated in the US to employ professionals from overseas, L1 visas is more temporary in nature and is issued for transfer of an employee from overseas to the US.
In this context, Nasscom hoped the opening up of a US consulate in Hyderabad soon would benefit the Indian IT firms in reducing the time taken to process their visa applications.
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Almond
01-08 05:00 PM
SO CLOSE, OH, SO CLOSE!! :D
Ok, I'm out of tears. This is just pathetic now.
Ok, I'm out of tears. This is just pathetic now.
kpchal2
07-18 04:43 PM
these uscis reps dont even know that the uscis reversed their visa bulletin. all they were told was they will be rejected and that is what they are reiterating. they do not even know that the people at service centers were asked to hold them back. they are just like a bunch of kids who were told
1+1 = 2 but they do not know that 1-1 + 2 = 2 becuase no one ever told them that :-)
1+1 = 2 but they do not know that 1-1 + 2 = 2 becuase no one ever told them that :-)
gc_chahiye
07-26 12:13 AM
I am on my 7th yr extension of H1B and my lawyer has told me that once I apply for 485, I can NOT keep renewing my H1B. That is why he insisted on applying for AP.
whats your PD? Is your I-140 approved?
You can get extensions even after the I-485 is filed. The only grey area is if your I-140 is not approved AND your LC PD is < 365 days.
if I-140 is approved, you should get a 3 year extension (AC21 seems to imply you get an extension only if you cant apply for AOS, but USCIS has been interpreting that as if they cant grant you AOS due to PD not being current). A couple of my friends with non current PD and 485 pending for a while have got 3 year extensions
whats your PD? Is your I-140 approved?
You can get extensions even after the I-485 is filed. The only grey area is if your I-140 is not approved AND your LC PD is < 365 days.
if I-140 is approved, you should get a 3 year extension (AC21 seems to imply you get an extension only if you cant apply for AOS, but USCIS has been interpreting that as if they cant grant you AOS due to PD not being current). A couple of my friends with non current PD and 485 pending for a while have got 3 year extensions
