What does the Exemption here means - AC21 Rule

[kumzme]

Hi the new AC21 rule says this

":: No requirement for the LC to have been filed before the 5th Year: DHS has clarified that a qualifying labor certification or Form I–140 petition is not required to be filed 365 days before the 6-year limitation is reached in order for the individual to be eligible for an exemption under section 106(a) of AC21. Instead, the labor certification or Form I–140 petition would need to be filed at least 365 days before the day the exemption would take effect. ::"


What does the word "365 days before the day the exemption would take effect" mean here can someone explain or assist.

[groovy05]

140 approved, 485 pending more than 180 days now in India and want to apply for GC

I would appreciate if you can suggest possible options for our case:


YEARS - Visa Status
1999 to 2002 - F1 & OPT (Education: MBA FROM USA
2002 to 2010 - H1B with one employer. Company had also filed for green card in year 2004
August 2010 - Left the job & returned to INDIA
2011 to 2012 - Valid EAD & used advance parole for reentry (while I-485 was pending). Had only stayed for less then 1 month in USA in year 2011 & 2012.
2010 –till date – Business Owner in India
2015 - Priority date became current; I withdrew my I - 485 application since I was not in USA. Retrogrades in end of 2015 and PD current again from March 2016 till current.
Current status h4 and can travel to USA now
Question: can we do AC21- offer letter since 485 pending more than 180 days? what is the quickest option to obtain GC in this scenario?

we would appreciate any help on this matter.

[inadmissible]

kumzme 106(a) is the exception to the general rule that aliens can't get an extension of their H visa beyond 6 years. The exemption applies to aliens who are beneficiaries of an approved Alien Worker Petition

groovy if your EBx petition is current and you can travel on a H-4 visa, why don't you just travel to the United States and file for adjustment of status?