Traveling and H1B Stamping while extension is under process

[ashishdeep]

Hi,

My wife is having her H1b petition valid until 31 March 2016.
She plans to be in India in January from 1-17 and get her visa stamped.
We wanted to get her petition extended and approved so that the stamped is visa is valid for a longer period.

The employer advised that the extension can be filed only after Oct 1 and takes 3-4 months to approve. he also advised not exit USA while extension is under process and thus she should travel only on her existing petition , get it stamped and file for extension upon return.

My understanding is that
1. the petition can be filed anytime or does it have to be only when less than 6 months are remaining for that petition
2. Does it really take 3-4 months for processing - what about premium processing?

Does anyone have any suggestions / thoughts ?

Ash

[shervin143]

1. the petition can be filed anytime or does it have to be only when less than 6 months are remaining for that petition
>>> Within 6 months from the petition expiry date.

2. Does it really take 3-4 months for processing - what about premium processing?
>>> It takes 4-5 months by normal process and 15 days by premium.