I-94 and valid status question

[H1Bnewuser]

Hi,

Would like to clarify about the following situation :

1> Current I-94 valid till 31Jan2012

2> Current H1-B Visa valid till 25Jan2012

3> Applied for H1-B extension. Expected to be extended to Oct 2012.I-797 expected to be valid till Oct 2012.

4> Expect to receive the new I-797 with new I-94 , in the next two months.

5> I am planning to go to home country ,with the new I-797 .I am not planning to go for visa stamping this time. Hence will have the existing stamped visa (in the passport) when i return back to US.

6> If I return by Nov/Dec 2011 , at POE , will the I-94 will be issued for 25Jan2012 or till expiry date in the new I-797 -Oct 2012?

7> If the new I-94 at POE is issued valid till 25-Jan-2012 , will i be in valid status , after 25-Jan-2012 since i will have the approved I-797 valid till Oct 2012?

Looking forward to your responses.

Thanks in advance.

H1Bnewuser

[pontevecchio]

till expiry date in the new I-797 -Oct 2012.

[H1Bnewuser]

Thanks Pontevecchio for the quick response. My understanding was that i should have the new H1-B stamped visa based on the new I-797, with the Visa date stamped with the new I-797 date i.e Oct 2012 , if i leave US. From your response , it is clear that my understanding was not correct. I do not need a new visa stamped as long as , at time of entry to US , my existing H1-B visa stamp (valid till Jan 2012) is valid . At POE , the I-94 however would get issued with the date of Oct 2012 per new I-797. Have i stated / understood this correctly now?

Thanks for your time,

H1Bnewuser

[pontevecchio]

You are absolutely right. Any valid H1 visa with any valid H1 petition approval will do for entry. I assume everything else is fine and there are no status issues in the past and that all your employers have been kocher.

[H1Bnewuser]

Thanks Pontevecchio. Appreciate all the answers and clarifications .It is really helpful.