H1-B extension stamping - last one year remaining for H1-B

[mayureshs]

I am on my H1-B visa here in United States since Jan 2005. The first 3-year of the H1-B got expired in Dec 2007. My current I-797 has date of Jan 2010 and so does my I-94 card.
I am visiting India in Jan 2009, so I will have to get my passport re-stamped for H1-B extension until Jan 2010. I work as a consultant and I have never been on bench, I have my pay stubs to prove that.
My Green card in process and my I-140 has been approved and waiting for my priority date to be current. It would be a great help if you could comment on the following questions.

1) Would it be advisable to visit India for H1-B stamping (Mumbai Consulate) in Jan 2009, since my 1st three years of H1-B visa is already expired in Dec 2007 and I have just one more year to go from Jan 2009 on my 2nd three years tenure of H1-B?

2) If the consulate officer asks me why am I planning to go back since I just have one more year left for my total 6 years of H1-B visa, should I mention him about my Green card process and my I-140 has been approved and waiting on I-485?

3) If the consulate officer asks me how long will I be planning to stay in United States, should I just mention the last date on my I-797 and I-94 which is Jan 2010?

Any input on this situation would be helpful.
Thank you much...
Mayuresh

[txh1b]

1. Your fears are baseless.
2. To continue in your job. Your GC is immaterial here. They will not ask such a question in the first place.
3. Yes, as of now you dont have authorization to stay past that date.

[DMX17]

1) Why not?

2) The question you came up with, if asked, should be answered truely.

3) same as 2)

On DS-156, there is an item which asks if am immigrant petition has been filed for you. The answer to this question is yes since I-140 is an immigrant petition by your employer for you.

[mayureshs]

Commenting on your questions.
1) Becoz I am close to my 6th year H1-B expiration date (one year close, not sure if that is considered close)

2)What should I answer if in case they question me saying "How long are you planning to stay in US ?"

Thanks much !!

1) Why not?

2) The question you came up with, if asked, should be answered truely.

3) same as 2)

On DS-156, there is an item which asks if am immigrant petition has been filed for you. The answer to this question is yes since I-140 is an immigrant petition by your employer for you.

[txh1b]

If you have 1 month remaining on H1b, you still can get a visa. Non issue.

[mayureshs]

Thanks fore replying. Really appreciate your input.
1) So you don't see any issues with me traveling to India with one year remaining before my 6 years of H1-B get expired ?
2) The new visa that I get would be valid only till Jan 2010 that's what my I-797 and I-94 says ?

1. Your fears are baseless.
2. To continue in your job. Your GC is immaterial here. They will not ask such a question in the first place.
3. Yes, as of now you dont have authorization to stay past that date.

[txh1b]

1. Did I say anything different in my 2 posts? Why do you need a confirmation against a confirmation?
2. Yes. You would return the I-94 when you leave.

[DMX17]

Based on your input and feedback, here is my output.

Start

1) No
2) Yes

End

[mayureshs]

Apologize on the confirmation post. Actually I was writing the questions and you already replied to those. Sorry about that.

1. Did I say anything different in my 2 posts? Why do you need a confirmation against a confirmation?
2. Yes. You would return the I-94 when you leave.