ASAP Response needed: H1B Stampled and New 797


Monaco

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I have a current h1b stamped on my passport, which is valid till May 2014. My employer had filed for my extension and I am currently traveling to India for a medical emergency in the family. I am scheduled to fly back to the US tomorrow (30 hours from now). I just found out a few hours ago  that my new petition (extension) was approved and that they are ready to courier the approved 797 to me. They advise that I should only return to the US after stamping my new visa. My question is can I enter US on the base of my old visa and a scanned copy of my new 797? I have about three months on my old visa. Will my new petition be still valid? My lawyer says no, and that they would have to refile for an extension if I enter on my old stamped visa. Will there be any issues at POE? Since I am almost ready and packed to fly, I don't know what the appropriate solution is. I am happy to believe I can enter on my old visa and then use the new 797 for stamping on my next India visit (whenever it may be) but my lawyer has confused me.

 

Please respond ASAP.

 

Thanks!

 

Ps; My extension is for one year

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