My current H-1B will reach its six-year limit at the end of this December. I am doing EB2-based green card and have got both Labor Certificate (LC) and I-140 approval. Only I-485 is pending (filed in July 2003). My LC filing date, i.e. my priority date, is 5/31/2000.
Right now, I need to do H-1B extension beyond six-year limit, and I am wondering:
1) I should do a 3-year extension, or just a 1-year extension? Which one am I eligible?
2) Is Form I-129 the one to file for this extension? If not, which form should I use?
3) Do I need to get a Labor Condition Application (LCA) approval first before I can file the I-129 form?
4) Because there is only 2 months (60-day) left before the expiration date of my current H-1B? Is that true that I still remain in a legal working status as long as I get a receipt notice of I-129 filing before the expiration date of my current H-1B?
Thanks a lot,