UREGENT: H1-B extension and travel plan

[st17037]

My Current H1-B is expiring in August 2012.

My past VISA Status is as follows:
L1-B was valid from 2006 Aug - Aug 2009. I have stayed in the US for 16 months only during this period.
H1-B valid from 2009 Oct - 2012 August. I have stayed continuously in US from 2009 Oct with a 3 months vacation outside US.

My company says earliest they can file extension is Feb. I have travel plan to India in June 1st week.
My questions are

1. I have to file an extension to extract the days I have not stayed in the US which is approximately 2 years out of the 6 years allowed.
2. What are the chances I will get extension
3. Since I have travel plan in June 1st week, if we file extension in Feb (Third week), will the approved 797 reach me before my travel in June 1st week. Do I need to go for premium processing?
4. If I go for vacation in June 1st week after I receive the approved extension and return before the expiry of my current VISA do I still need to get stamped?

Appreciate a quick response.

Thanks,
sanjay

[shervin143]

1. I have to file an extension to extract the days I have not stayed in the US which is approximately 2 years out of the 6 years allowed.
>>> You will need to provide enough proof for the duration that you have stayed out of U.S to recapture them. Entry exit records in the passport, copies of I-94 cards, flight Itinerary etc will help.

2. What are the chances I will get extension
>>> I don't think anyone can predict whether you will get the extension or not. If you submit all the required documents and if the employer is follwoingt the H1B regulations, then the chances are high.

3. Since I have travel plan in June 1st week, if we file extension in Feb (Third week), will the approved 797 reach me before my travel in June 1st week. Do I need to go for premium processing?
>>> Usual processing time is 2-3 months. Sometimes it might take a little longer. If there is an RFE, then it will take more time. You can upgrade to premium at a later stage.

4. If I go for vacation in June 1st week after I receive the approved extension and return before the expiry of my current VISA do I still need to get stamped?
>>> No.