Traveling back on old valid h1b stamp while H1b extension processing/with New renewed approved I1797

[krishn0708]

Hello I am in the below situation can you please post some suggestions and experiences that might help 

 

Current h1b(I797) expires sept14 including associated VISA stamp in PP.

 

I am planning to travel India from july 29th to August 20th.Applying the extension in July 1st week in premium and expecting to get the approval noitice by end of month or as assumed 2weeks premium processign time.

 

Here are my quesions:

 

1.If i have new extension approved  I797 by august 20th .Can i  enter US on August 20th with old stamp which is valid till sept 14th  without going to cosulate interview?

 

2.If my extension stays processing during the time of my travel.Can i enter US with old I797 on August 20th.

 

 

 

[NP2020]

My answers:

 

1.If i have new extension approved  I797 by august 20th .Can i  enter US on August 20th with old stamp which is valid till sept 14th  without going to cosulate interview?

Yes, you can come back safely on Aug 20th 2016 (assumed year as 2016) with existing unexpired visa stamp.

2.If my extension stays processing during the time of my travel.Can i enter US with old I797 on August 20th.

Yes, you can enter USA even if extension is still under processing on Aug 20th. POE officer might warn about expiry of your petition. At that time, you mention (or show) that extension is in-progress.