H1B expires on june 2013, awaiting EB1/NIW ( June 2012)

[sappy]

Hi

My 6th year of H1B expires on June 2013 and so is my residency.

I have a fellowship for 2 more yrs for which I have matched.

My EB1/NIW is still on " Initial Review "

1) Can I extend my H1b pending eb1/niw application to continue fellowship

or

2) Take up a job

Plz advice

[Attorney_11]

An H-1B can be extended beyond the 6th year if one of two requirements are met: 1) The Labor Cert or I-140 was filed more than one year before the end of the 6th year (this gives a one year extension), or the I-140 is approved but the I-485 cannot be filed/approved because of immigrant visa backlogs (this gives a three year extension).