Form I-140

Yes, you need to leave the United States because you have a total of six years. You are using the remainder left on that six years. You should have your ETA 9089 (PERM labor certification) pending for over a year, or have an approved I-140. There is no other way to extend this H-1B.

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

The moment your I-140 is approved your priority date is yours to keep. It can only be revoked if there is fraud, misrepresentation or some gross error in your paperwork. You can leave this employer and go somewhere else. You will have to start the green card all over again but you keep that date.
On the other hand, if the I-140 stays approved for 180 days without withdrawal or revocation you also have the right to keep extending your H-1B beyond six years with any employer until your priority date becomes current, when you are supposed to have filed the I-485. Your wife also has the right to keep extending her H-4EAD based upon your H-1B extensions. The I-140 upon approval immediately gives you the priority date to keep forever. That priority date can be transferred across visa categories and job categories. Once the I-140 is approved and stays approved for 180 days you have the right to extend your H-1B through any employer beyond six years, even if you left the employer 10 days after filing the I-140. Therefore you don't have to maintain the job for 180 days. Your I-140 must remain unrevoked for 180 days.

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

I would suggest you sit with your lawyers and figure out if there is a possibility of starting another green card with this employer, while this case is still going on. Because, if you are able to preserve your priority date and get another green card approval through PERM and the employer has the ability to pay wages, then it makes more sense to file another green card through this employer or through any other employer.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.