Need help for H1-b renewal

[hpj]

Hello guys. I am about to file my H1-b renewal. My current H1-b expires in 10 days and it would be filed obviously after that expiration date. However, I have EAD and travel document approved and is valid till June'2013. I am planning to go to India in Feb'2013 and get H1-b stamped. I have few questions as follows:-
1.Can I stay in US on the basis of EAD and travel to India with that?
2.My lawyer said that the immigration officer may not give me new I-94. Does that mean a new I-797 will come with out I-94?
or the immigration officer at the port of arrival will not give me one to attach in passport?
3.Would there be any issues for stamping? I have been with same company since 08 and had my first H1-b with them since then.

Please help. Thanks.

[kabkaba]

The answer is not really straight-forward. There are complications involved since you are staying and working after your current I-94 expires based on the EAD. It is highly likely that the petition will be approved without extension of status. It is best to consult an experienced attorney.