H1b status when i140 is still pending

[avijit2003]

Hi , I have 3 month left on h1b . this is my end of 6th year. My employer didnot start GC/prem on 5th year. They start on 5th year and 3rd month. Prem is approved and i140 is applied .

Now my question is how i can extend my h1b visa after 3 month ?

scenario #1:

I am ROW so my priority date is current . Should i apply for i485 now so both i140 and i485 will be pending and i can continue to work beyond 6th year....? is it true that i dont need to extend my visa at all because i140 and i485 is pending ???

if i140 keep pending for another 5 month when my i94 is expire , then also i can stay here in USA and continue work?

 

scenario#2:

After 1 month i can make i140 premium so i can make it premium and approved then apply for 3 year extension for h1b with approved i140?

 

I apriciate your help . Sorry my situation is unique and i did not find any similar situation to others.

 

[JoeF]

Why didn't you file an I-485 already? With the PD current, that should be a no-brainer.

You need an EAD to work past the H1 expiration. That can be filed together with the I-485.