New I-797 at port of entry ( start date of this job is one day after re-entering US)

[srf4500]

Hi,

I have valid H-1B stamping from company A till 22 Nov 2012. Currently I am working with company B and I have given my notice period and sept end is my last day with company B.

After that I will be gone on two weeks vacation outside USA and will be re-entering with new I-797 with company C. However start date of my new job will be the day after I re-enter US.

Has anybody faced such situation? Is it safe at port of entry when you have valid I-797 and your new job's start date is just one day later?

[pontevecchio]

I am puzzled. You have a valid visa and an approved petition. There would seem to be no problem. If asked why you did not get a new visa tell him there were time constraints and that you will be getting one at your next visit .