Queries on H1B/H4 amendment

[mysticblue]

I am working with Company A, on an H1B expiring August 2011, with my 6 years maxing out in Jan 2012. I am looking to move on to Company B. I initiated H1B/H4 transfer to them with premium processing which got approved about a month ago.

I am going to join Company B in a week's time. However i found that the new approval notice for Company B has a validity date until July 2013, though i'm maxing out in Jan 2012. When enquired with Company B, they are suggesting to get the H1B amended with premium processing. I have the following queries:

1. Firstly, should i really be looking for amendment in my case, since i got a visa longer than i'm supposed to. I am planning to go to India in about 4-5 weeks for visa stamping. I'm concerned that the consulate may question me if they find out that visa should only be valid until Jan 2012.
2. Does USCIS treat H1B/H4 amendment similar to a H1B transfer. That is, would they re-evaluate their decision since we are talking about changing the validity dates.
3. With premium processing amendment, how much is the likelihood of getting the approval notice before my India travel.
4. Should i wait out for the amendment to complete and then move to Company B, or it doesn't matter since it just an amendment and not a transfer.
5. How much of a risk is it to have an amendment done. Have their ever been cases of RFEs or denials during this process ?

[txh1b]

1. No need to file for amendment. However, you cannot use the additional period approved as an USCIS error.
2. An amendment is not necessary. Amendment is treated like any H1b is, they verify all documents and eligibility again.
3. I would say it is not necessary.
4. You can join now.
5. No risk.

[mysticblue]

Thanks txh1b.

I am planning to file my Green Card as soon as i join Company B, to take care of the 6 year H1 limit.

If i dont amend this visa now:
1. During stamping if i use a visa (that is valid beyond its supposed to), will the Consulate verify the validity date ?
2. Later when i file my Labor or I-140 will the USCIS ever question this visa ?

[txh1b]

Only thing you should be worried about is NOT to stay beyond 6 years unless you have a labor filed 365 days prior to the H1b expiry.

Visa will be issued based on your I797 validity. As long as you make sure you meet the criteria mentioned above, I see no issues.