H1B 6-yr expiring, I-485 pending, what options?

[a_colleague]

Hello Friends,

I need you help - urgently.

I am an Indian citizen working on an H1B with the same employer in the US for
close to 6 years now. My 6-year H1B will expire shortly and my employer is
planning to submit the I-129 petition for the 7th year extension of H1B. In 2004, my
employer submitted the I-140 petition for me in the EB1 category (which did NOT require
a labor certification). The I-140 was approved in May 2005. I applied for I-485 in
June 2005, was fingureprinted (and photographed) in November 2005, and
the I-485 is still pending. My 6-year H1B is expiring in 3 months.

Now, my questions are:

(1) Am I eligible for the 7th year extension? I am asking this because my I-140
is NOT pending (it has long been approved), nor have 365 days passed
since labor application (labor was not applied for in the first place).

(2) Assuming I am eligible for the 7th year H1B extension, must the 7th year
extension be APPROVED (not just applied for) before the 6-year period ends
(for me to continue working after the expiration of the 6 years)? Please note that
this is the question of my WORKING, not just staying, in the US. Am I to understand
that 8 CFR 274a.12(b)(20) would allow me to WORK in the 7th year (up to 240 days
after the expiration of the first 6 years) while the 7th year H1B extension is pending?

(3) Assuming my employer petitions for I-129 (for the 7th year extension of H1B),
can I or should I simultaneously apply for an EAD? Might applying for the EAD
have any negative effect on the I-129, or vice-versa?

I would be most grateful to receive advice / suggestions / comments.

Thanks a lot.

a_colleague

 

[GotPR?]

1) you are eligible to beyond 6 year H1 since your I-140 is approved.
2) After I-94 expiration, you can legally work up to 240 days during pending H1 extension.
3) you can apply for EAD or opt not to apply. It's your choice.