Hi Peter, My H-1B status is set to expire in November of this year, marking the end of my 6-year limit. My NIW (EB-2) petition is currently under review. In the event that my NIW is approved after my H-1B has expired, would my employer still be able to file for an H-1B extension on my behalf?
Yes, because the EB2 (NIW) green card category is "backlogged," your employer will be able to file a 3-year extension (beyond your 6-year max-out date) once your NIW petition is approved.