Can I extend my H1B after EB-1 A denial?

[chiron]

Sorry if this is a stupid question. My status is H1B, with PhD degree and postdoc experience both in USA. I now have a job in a small company. My EB-1A 140 just get denied. I am asking can I extend my H-1B after 6 years expiration date?

 

[EricS]

Sorry if this is a stupid question. My status is H1B, with PhD degree and postdoc experience both in USA. I now have a job in a small company. My EB-1A 140 just get denied. I am asking can I extend my H-1B after 6 years expiration date?

If your 6th year on H1 has not started yet, file another 140 and you can get extension. You may also apply 485 concurrently with that 140 and save your status that way also.
If you are already in your 6th year, then you will have to apply for MTR on your denied 140 and then you can get 7th year ext. of H1.
I am not a lawyer though.

 

[chiron]

Thank you Eric! Very good advice, I will remember it.