H1B Petition expiring on Jan 31 2017 ,I-94 on Jan 10 2018,H1B Visa on Dec 31,2017 when should I file my Extension

I’am in a situation as per below, please advice:

H1B Petition expiring on Jan-31-2017

H1B Visa valid till- Dec-31-2017

I-94 valid till- Jan-10-2018

Based on which I should file my extension now?

If my I-797 got expired than can I stay in US and work till my visa and I-94 expiry and than can I apply for extension?

If answer is yes for above question than if i go back to india for a vacation after Jan 31 will it be a issue in Port of Entry while returning back to US with expired petition and valid visa ?

You have to go by your I-797 petition. In order to continue working after your I-797 expiry, you should have applied for H1 extension by Jan 31 2017.

I-94 is usually issued based on your H1 petition expiry date, if not based on your passport expiry date, in case your passport expires well before your H1 expiry date. I am not sure, why you were given entry till 2018 on I-94.

Check with your immigration lawyer also.

Thank you for your response I am in process to filling extension