Enter U.S with old H1B stamp and new I 797 (same employer)

[Vizablues]

Hi All,

 

I have a H1B stamp from a company till Aug 2014. I got my H1-B extension approved till Aug 2017 with the same company. I plan to travel to India in May 2014 and return in Jun 2014.

 

a) Can I enter U.S with my old visa stamp without going for stamping with the new           I797? Please let me know if it is risky.

 

b) If they do allow me to re-enter U.S then what date would be my I-94 valid till? Aug 2014 or         Aug 2017

 

Thanks in advance.

[jairichi]

Hi All,

 

I have a H1B stamp from a company till Aug 2014. I got my H1-B extension approved till Aug 2017 with the same company. I plan to travel to India in May 2014 and return in Jun 2014.

 

a) Can I enter U.S with my old visa stamp without going for stamping with the new           I797? Please let me know if it is risky.

 

b) If they do allow me to re-enter U.S then what date would be my I-94 valid till? Aug 2014 or         Aug 2017

 

Thanks in advance.

1. Yes, you are fine.

2. Till H1B extension petition validity.

[kumar.kv]

I did just that last July and there were no issues. The officer at port of entry verified a copy of my new h1 approval and he was good. Your new I94 will be good until Aug 2017.

[mchads]

I agree with Kumar and Jairichi, At port of entry make sure you show your new I797 and check that the the officer stamps valida date till Aug 2017.