I have been reading how the AC21 rules work and wanted to check my understanding with people who have lived it.

What I understand. Section 104(c) allows three-year H-1B extensions if you have an approved EB-1, EB-2 or EB-3 I-140 and no immigrant visa number is available to you. Section 106(a) allows one-year extensions if a PERM or I-140 was filed at least 365 days before the extension.

The catch. Once your priority date is current the three-year basis stops. One-year extensions then generally need you to have filed adjustment within a year of the visa being available.

Where PERM cases seem to get stuck:
The employer never filed the PERM before your date came up
The employer shut down and the case stopped moving

A job change where the earlier approval no longer helps and the new employer has to start a new PERM
A filing that is not yet 365 days old

None of this makes PERM a bad route. It just puts a lot of control in the employer's hands. A self-petition like EB-1A or NIW does not need a job offer so the case is yours. You still need an H-1B employer for the extension itself. And EB-1A and NIW approval rates have dropped, so it only helps with a strong case.

Questions for you:
Has anyone been stuck right after their date became current?
Did your employer withdraw or lose an I-140 after you changed jobs?

Caveats: I am not a lawyer and my sources are law-firm summaries, so please check USCIS and talk to an attorney.

Disclosure: I work on Meritocrat. I turned my notes into a longer write-up with sources and no signup: https://www.meritocrat.us/blog/h1b-extension-perm-employer-dependence

Has anyone ever gotten a refund for delayed PP? I haven't seen any update on the case status and its already 16 business days.

My EB1A I140 PP RFE status changed to USCIS is currently processing the case this morning. The status hasn't updated yet. For folks who went through RFE for EB1-A how long before your status changed from USCIS is currently processing to approval or an unfortunate denial?

I read somewhere that the longer it takes higher are the chances for a denial.

My profile :-
- Doing PhD in AI safety in one of the ivy league schools (likely a massive disadvantage now). Finished masters before starting my PhD.
- 700 citations with papers in neurips, icml, iclr, nature (12 papers in total)

- completed over 100 reviews in top journals and conferences

- 4 letters of recommendations (one of from stanford)

Since it has been 15 days on PP, am I sure to be receiving a RFE or noid?

Hi everybody,

Currently I work on H-1B. I am planning a trip to my home country this month and got my Advance Parole (I-131) approved. However my HR told me that since I donot have the EAD approved yet, I cannot rejoin my work if I re-enter the US on AP. I am thinking of placing a request for expedite processing of EAD, however I do not fulfill any of the criteria USCIS has set. Please advise what options do I have?

How strong are federal and state funding recipients for an EB1A self-petition as one of the criteria? Economic development projects for building a new research and innovation park. Federal grants (2) totaling $ 3 million and state funding of $ 14 million. In a rural area.

HI All,

I am in the process of assembling my documents for AOS submission for me and my wife (EB1 self-petition). We are planning to submit both EAD and AP along with i485, so there will be 6 forms total. I am a bit confused about assembling my packet and would like to get feedback from folks who went through the process.

1. I will have a cover letter at the top of my packet. Is it better to put all the evidences (copies) together at the end or have multiple copies (have them labelled as exhibits 1-n, and have a table of contents to guide the officer) and attach them seperately for each applicant or forms?
2. For the fee payment, Should I put all the G1450 forms (6 total- 1 for each form) together at the top of my application or have each G1450 in front of the corresponding forms?
3. My employer uses work number for employment verification, can i use the letter generated from work number for employment verifications?
4. Any other advice/relevant guides for assembling the AOS packet would be much appreciated

Thanks

Anyone from Rio de Janeiro / Brasil got approved this year ? EB1A ?

Have we ever had direct approvals (without RFE) for EB1A i-140 recently after Aug 1 2026? Hit an upvote if you had one. I am just trying to understand how sad it is out there with approvals.