Visa expiring, I-797A valid for 9 months. New I-797A?

[kapil403]

Hello experts,

1) My H1B was approved and I had got visa stamping. The visa expires on 9/30/2009
2) Around 2 years ago I changed employers and new I-797A expires 6/30/2010
3) My perm and I-140 has been approved under EB3.

So now my visa is expiring, however I-797A and I-94 will be valid for an additional 9 months.

My understanding is that if I leave the country after 9/30/2009 then I need to get new visa stamping, however it will be valid only till 6/30/2010.

Is there a way I can get my employer to file for a new I-797A so that I can get visa stamp for 3 years instead of 9 months in the current situation?

Please advice.
Thanks

[txh1b]

Not possible until Jan, 2010 which is when they can try to extend the H1b for another 3 years.