Clarification on Report of ISD Teleconference, 11/29/01
The November 29 ISD report, posted on AILA InfoNet, Doc.
No. 01121131 (Dec. 11, 2001) states: “In response to our inquiry, INS
agrees that Section 106 of AC21 allows for filing of a 7th year H-1 for someone who had
filed a labor cert more than 365 days ago and has an approved I-140".
This is meant to be in addition to the already established rule that one can file for a
seventh-year H-1 with a pending I-140, not in place of that interpretation.
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