H1 B due for expiration and visiting India

[aturianilk]

My H1B is due for expiration and planning to file extension petition next week. If I get approval, Can I go to India in July and return back to US in mid of August without going for stamping in India?

[mrcoolbuddy]

No. You have to go for to get the H1-b stamp before you re-enter US.

[Attorney_10]

Generally, an individual must have a current, valid petition and a valid visa to return to the U.S. in H1B status. Thus, if one's current petition expires while abroad, the individual must wait for the extension to be approved and apply for a new H1B visa prior to returning to the U.S. Please schedule a consultation with an experienced immigration attorney to discuss the specific facts relating to your case and the options available to you.

[aturianilk]

I will wait for the petition approval before I leave to India. But can I return back to US in august with a valid old visa due for expiration on 29th of Sep along with New I797.

[livliv]

Yes, you can. Show both approval notices when you return and get I-94 according to the new notice.

[aturianilk]

Thanks all for your replies. Appreciate your help,

[mrcoolbuddy]

Yes, when you are entering before your visa expiry, you need not go for stamping. You need to show both approval notices and you will get new I94 based on that. All the very best.

[wiweq]

"Yes, when you are entering before your visa expiry, you need not go for stamping. You need to show both approval notices and you will get new I94 based on that. All the very best."

=> That's true, but why Attorney_10 is suggesting getting new stamping?

[livliv]

"Yes, when you are entering before your visa expiry, you need not go for stamping. You need to show both approval notices and you will get new I94 based on that. All the very best."

=> That's true, but why Attorney_10 is suggesting getting new stamping?

Read it again.