What will determine the I-94 date while entering US with Old H1B stamp and New petition(I-797)

[arjun37]

I entered US with an H1B visa stamp from my previous employer and I have the visa valid till Sept. 5th, 2014. I changed my employer after H1B transfer in March 2013 and it is valid till March 2016.
Now I plan to travel to India in July and when I return to the US with my old H1B visa stamp and show my new H1B(I797A) petition which is valid till March 2016 will I get I-94 till the end of my new petition(march 2016) at the port of entry?

[jairichi]

I entered US with an H1B visa stamp from my previous employer and I have the visa valid till Sept. 5th, 2014. I changed my employer after H1B transfer in March 2013 and it is valid till March 2016.

Now I plan to travel to India in July and when I return to the US with my old H1B visa stamp and show my new H1B(I797A) petition which is valid till March 2016 will I get I-94 till the end of my new petition(march 2016) at the port of entry?

Yes, as long as your passport does not expire before that.

[t75]

It is most likely you will receive date on petition but it is the final decision of the IO at the border.