H1B POE Question

[Boston_107]

Hi Folks,

I have question about POE when returning to US.

1) Basically, due to the event of circumstances, I will have to come back to US just 2 days before my current H1B stamp. I will have new I-797 which starts right after current stamp but I won't have stamp with extended H1B. So, is this legitimate scenario at POE or is there any limit on entry that the entry should be made before X no. of days before visa expires.

2) Considering that above scenario is valid, what would VO use as I-94, till current stamp date or till new I-797 date.

Thanks for your help in advance!

Regards,

Boston_107

[pontevecchio]

The visa is immaterial for stamping. The I94 should be till the end of the latest H1 petition expiry and it is your problem to confirm that before moving on from the desk.