H1B stamping and Extension question

[tatataza]

am currently in USA on expired L1 visa and Valid I 94 with company "A". I got
new H1B visa with change of status for Company "B", new H1B is effective
starting Oct 3rd, 2011.
I got H1B approval only for an year i.e. till Sep 2012, actually I will be
completing my six year stay by Sep 2012.

My question is what are the options to get my extension beyond Sep 2012.

1.I am planning to leave the USA and do H1B stamping from India in July month
and come back in Oct, 2011 to work for employer "B". Is there any risk
associated with stamping ?

2.What are the options to get my H1B extension after Sep 2012, as I will be
completing my six year limit.
As per my knowledge I need to start my green card process and LCA should
be in pending status for more than 365 days. But in my case even if employer "B"
start my green card processing in Nov/Dec - 2011, it will not be 365 days till my H1B expiry date. Is it possible to capture my 3 months stay out of USA to meet this 365 days criteria ?

3.What is the other option for me to get my visa extension beyond Sep 2012 ?

[shervin143]

1.I am planning to leave the USA and do H1B stamping from India in July month
and come back in Oct, 2011 to work for employer "B". Is there any risk
associated with stamping ?
>>> If the documents are in order and if the employment is genuine and if the employer has clean records, then you will get the stamping done successfully. If your employer is a consultancy company, then do expect delays due to admin processing.

2.What are the options to get my H1B extension after Sep 2012, as I will be
completing my six year limit.
As per my knowledge I need to start my green card process and LCA should
be in pending status for more than 365 days. But in my case even if employer "B"
start my green card processing in Nov/Dec - 2011, it will not be 365 days till my H1B expiry date. Is it possible to capture my 3 months stay out of USA to meet this 365 days criteria ?
>>> You can recapture any time spend outside U.S in H1B with proper documentation. It is hard to recapture the time spend outside in L1 unless documented properly by a good immigration layer.

3.What is the other option for me to get my visa extension beyond Sep 2012 ?
>>> Either the labor should have been filed 365 days prior to the 6th year end or if filed later, then both labor and I-140 should be approved for you to get the 7th year extension in H1B.

Alternatively, if you file the labor in the 6th year, then you can leave the country with 3-4 months before the 6th year end, let the labor age out (365 days) and re-enter by recapturing the time spend outside U.S and file the extension based on the pending labor.

[tatataza]

Thank you very much for your reply.
My last question is is it possible logically that my new company can start Green Card processing for me 2 months prior to I join the company

[shervin143]

Yes. GC is for future employment.

My last question is is it possible logically that my new company can start Green Card processing for me 2 months prior to I join the company