H1B六年延期 - 移民

朋友走EB2，2022年3月H1B六年過期，九月送出PWD，想請問要在走到什麼階段才可以過期後
留在美國？需要在365天前file perm 嗎？詢問公司律師回覆如下，但看得不是很懂，律師
意思好像是140通過可以留在美國，可是據我所知，台灣人沒有排期應該不能直接用140通過
來決定。有錯請指正，謝謝。

the idea behind 104(c) is that you are eligible to seek these benefits if at the
time your I-140 is approved you are not yet eligible to file the I-485 and
Therefore you are subject to the per country limitations (even if you fall into
the
worldwide category). Either way, we simply cannot file your 9089 by March 2021 b
ut we should be able to reach the I1-40 approval stage with enough time for you
to extend your H-1B.

前一封信：That is correct about AC21 but it also allows for you to obtain H-1B e
xtensions once your I-140 is approved and we should be able to do that prior to
your H-1B max date. We generally do not run recruitment until the PWD comes back
since if the PWD is higher than what was advertised we have to redo recruitment
. I expect we should be able to file your 9089 by summer and then it would be ce
rtified before end of the 2021, giving enough time to file I-140 and get it appr
oved before March 2022.

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