Old visa Stamp and New I-797 extended

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I wanted to check on a situation that can have a potential impact on travel. So I have an old visa stamp that still has about 4 months left on it and my I-797 has recently been extended with 3+ years more validity. I was wondering how safe it is to visit internationally with old visa stamp and new I-797. In particular is there any chance the CBP officer will put shorter date on the passport and if so what are the remedies for it?

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You can travel on your old visa.  On your way back at Immigrations, port of entry, please show them the new I-797 with extension of 3+ years or more validity and they will give you an I-94 stamp for 3+ years.   Make sure that your passport is valid for one+ years (otherwise renew your passport) so that immigration officer will not restrict your validity to the end date of your expiring passport.  Good Luck.

Edited by Zodiac System
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there is no risk for travel as long as you come back within the visa validity date. You MUST remember to give your new extended I797 to the POE officer and you can even politely ask if he made your I94 valid upto the end of the I797 date. Sometimes the date is also annotated in your passport next to the entry stamp,,...,,,you can check it before leaving the counter and point out any discrepancy as it can easily be corrected by POE officer at that stage. Trying to correct it later will be expensive and time consuming.

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  • 1 year later...

I am an Indian. My current H1B stamped visa is valid till 29 Jan 2024. My H1 Extn (and new i94 attached to I797 A) is approved from 30 Jan 2024 to 18 Jan 2027. If I travel outside (Mexico, Canada) of USA and re-enter with the existing Visa stamping and show the new 797 A to cbp officer, what would be my updated i94 validity end date? Visa validity end date - 29 Jan 2024 or I 797 end date 18 Jan 2027? 

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