Is the beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or
Received an H-1B extension under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act (known as AC21). This means that the H-1B principal must have received an extension of his or her H-1B status because:
He/she is the beneficiary of a labor certification application filed with the labor Department 365 days prior to the end of the H-1B’s sixth year (preference category requires a labor certification) and the labor certification is either still pending or was approved and timely filed with Form I-140; OR
He/she is the beneficiary of a form I-140 that was filed 365 days prior to the end of the H-1B’s sixth year (preference category does not require a labor certification or the labor certification can be waived) and Form I-140 is still pending.