H1-B extention after I filed I-485

[dailyPluto]

I have a question about H1-B extension beyond 6 years.

A) My private immigration attorney said I could not extend H1-B beyond 6th year after I filed I-485. I must use EAD and Advance Parole.

B) But my attorney hired by my employer said I could extend my H1-B beyond 6th year after I filed I-485.

Which attorney’s advice is correct?

My PD is May 2004 and I have a certified Labor and approved I-140. I filed I-485 in June, 2007. My 6th H1-B will be expired on Feb, 2008.

Thanks!

 

[manwithnoname]

The condition for getting H-1B extenstion beyond 6 years are:
1. LC is filed for more than 365 days.
2. I-140 is approved and due to the priority date retrogression you cannot file for I-485.
In any case, you will be keep getting 1 year extension till I-485 is adjudicated.

Once you file for adjustment of status, you can work in EAD, so maintaining H-1B status is not absolutely necessary (though it may be required under certain conditions).