Dr. William:

I am the process of I-485 status adjustment, and my 6 year H-1B limit will be reached next year February, may I stay beyond 6-year in the I-485 waiting process according to AC 21? 

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A:

Yes. AC 21 provides for the extension of H-1B status in cases where an alien's immigrant visa petition or adjustment of status application is pending due to the per-country limitation on visas, or due to a lengthy adjudication process.

Therefore, it is possible that an H-1B nonimmigrant may stay beyond the 6-year maximum period of stay defined at INA Section 214(g)(4), yet remain in status under the AC 21 provisions. As long as aliens in these circumstances remain in a period of stay authorized through extensions of nonimmigrant stay, they do not accrue unlawful presence.