H1B expiring after one week upon arrival - emergency travel

[apotdar]

I intend to travel to india for two weeks for an immergency and come back by May 15th 2012. My current H1B (6th year) stamped on my passport expires on 21st May 2012. I have an approved I797A based on I129 petition valid from 05/22/2012 for next 3 years.

Will there be a problem while entering at POI if I come back before 21st? or would you recommend getting stamping done while in India. I am trying to avoid stamping as my trip is very short.

If I go for stamping but for some reason get rejected, can I still enter based on old valid visa & new I-797A?

Please let me know asap as I want to make travel plans soon. Appreciate your help a lot.

[jhouston]

You should be okay to enter the US before the visa expires, regardless of how many days remaining. Make sure you have the new I797, and all the relevant documents, with you to show the immigration officer at the port of entry.

[hmaster]

Validity dates have some meaning, so you can enter as long as your visa is valid - there is no rule that states you need to enter only before certain months/days remaining, else what would the validity date be there for?

"If I go for stamping but for some reason get rejected, can I still enter based on old valid visa & new I-797A?" - They cancel all your previous visas (CWOP) once you apply for a new stamp.

[apotdar]

Thanks guys...! My company attorney is suggesting I go for stamping so I will try to get it done while there. One less thing to worry about in next trip I guess.

[hmaster]

I would strongly recommend that your avoid stamping as your have an option. I would say use your current valid visa to reenter. Stamping should only be an option when you have no other choice, just my suggestion - Best of luck!