Extension of H1-B after 6 yrs, 140 pending

[abdul522]

After 6 yrs of h1-b, if my I-140 is in pending from company A and company B is trying to renew my H1-B, is it possible USCIS will approve and extend my H1 after 6 yrs or do I still need to be with company A who had applied for my I-140?

[deepthought66]

To the best of my knowledge, H-1B can be extended beyond 6 years only under two circumstances - (1) I-1485 pending for > 365 days (which obviously does not apply to you), and (2) you have an approved I-140.

Note that if you have an approved I-140 (which hasn't been revoked since you left Company A), then either Company A or Company B can apply for a three year extension of your H-1B.

From what you state above, you don't have an approved I-140. So bottom-line, neither Company A or Company B can extend your H-1B beyond the 6 year time limit.

[kalyan_ac]

How long has been the I140 pending for?

Generally you need an approved I140 or I140 pending for more than 365 days to extend for 3 years.

[abdul522]

If company A has applied for my labor and 140 and my H-1 is with company B and my date becomes current and I'm eligible for 485 stage, do I have to return back to company A (which had applied my 140)?

[deepthought66]

"If company A has applied for my labor and 140 and my H-1 is with company B and my date becomes current and I'm eligible for 485 stage, do I have to return back to company A (which had applied my 140)?"

Yes. Because the process is owned by the sponsoring employer, which is Company A in your case

[kalyan_ac]

If company A has applied for my labor and 140 and my H-1 is with company B and my date becomes current and I'm eligible for 485 stage, do I have to return back to company A (which had applied my 140)?

Not necessarily, you will have to return after the approval of the I485 for sure, until then as long as both you and company A are in good terms, you should be good.