回复：还是不清楚这H1B延第6年的事！！！-- 范律师的修正

1 and 2 are not the same and has totally different basis.
1. is based on AC 106(a), pending > 365 days is the key in the law, but in interim memo, USCIS loosen the "pending" requirement and accept "approved" as well. This is intended as a relief to people from slow processing speed.
2. is for another senario stated in 104(c) to relief people waiting for quota, the requirement is I-140 approval and nothing is said about how long what has pending.


问题是：这第2项是否需要LC/140申请超过365天？ No