Re-entering US with existing H1 stamp (expires Jan 2024) when extension is approved and I-797 has dates from Sep 2023 - Sep 2026

Shil Singh

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Can I enter US with my current stamped US visa which is valid until Jan 2024 while my extension has also been approved and received I-797 which has effective dates of Sep 2023 - Sep 2026? Will the extension override my current stamped visa and will there be an issue as I won't have the new visa stamped yet? Or can I enter with current visa as long as I show both my current and extended I-797's?

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At the port of entry, you will have to present a valid H-1B visa and the petition approval pursuant to which you will be working in the U.S. If you will be working pursuant to the I-797 with the Sep 2023 to 2026 validity date, then present it and the I-94 issued will reflect this end date (assuming your passport doesn't expire earlier). If you plan to enter the U.S. after the Jan 2024 date, then you will need to apply for an H-1B visa. For case specific advice do consult with one of our attorneys. 

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