Just make sure you put these words in the support letter for 3 years extension of H1 based on AC21: Request for “One- Time Protection” Under AC21 104 ( C ) : The AC21 104 ( C ) enables H-1B non-immigrants with approved I-140 petitions who are Under §104(c) of the American Competitiveness in the 21st Century Act (“AC 21) a person under the H-1B status may work beyond the statutory six-year cap in increments of three years under certain circumstances. The provisions of § 104(c) permit a person to stay beyond the six-year period for those H-1B non-immigrants with approved I-140 petition who are unable to adjust status because of per-country limits to be eligible to extend their H-1B nonimmigrant status until their application for adjustment of status has been adjudicated and that the beneficiary must: (a) have a petition filed on his or her behalf for a preference status under INA §203(b)(1), (2), or (3) (an employment based (“EB”) petition); and (b) be eligible to be granted that status except for the per-country limitations. An H-1B nonimmigrant is eligible for this benefit even if he or she has exhausted the maximum 6-year period of authorized stay for H-1B nonimmigrants under 8 U.S.C. §1184(g)(4), INA§214(g)(4). In the case of the present beneficiary, Form I-140; Immigrant Petition for Alien Worker has been approved on .........(a copy of approval notice is attached). The beneficiary is waiting for availability of visas based on per-country limitations to file his application for adjustment of status for permanent residence as the priority date on the certified labor application is not current. The said immigrant petition is bonafide. The current H-1B visa petition for the beneficiary will expire on ................ The present petition is requesting for the extension of stay from .............to ................ GOOD LUCK LawNepal www.santosgere.wordpress.com ANLUS- www.anlus.wordpress.com Soon to be (www.anlus.org) Email: nepalilawyer@gmail.com