Can i Enter US with H1 Visa valid for 1 month and H1 extension with approved I797.


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I am traveling India and coming back to US on 22nd Dec 2014. My current H1 b is valid till Jan 2015. 


a) Will there be any problem coming 1 month before my H1 visa expires. Please note i will enter based

on existing H1 visa (valid till next one month from my date of US entry) and with my approved H1 extension ( I797). 


b) Do i need to Go for stamping for the H1 extension or i can come back with current H1 visa and newly extended approved H1 petition (I797).


c) If i am allowed to enter i will get I94 till my Current H1 visa date OR H1 extension approved petition.


d) Are there any other risk associated with my travel before one month of Visa expiration.

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Thanks Jairichi - I have met other other attorney and his answers are same what u gave however attorney with my employer is saying that officer at port of entry may be give i94 based on Current H1 visa. if this happens i again i have to travel back before my H1 visa expires ( this is 1 month after i enter US ) and get it stamped. so he as asking me to go for stamping during my trip itself. 

a) -------------IS STAMPING REALLY REQUIRED ------


I really dont want to go for stamping if i can legally reenter based on current H1 visa for 1 month and approved extended petition i797.


b) Can i94 be given based on Current H1 visa/Old i797  even if i hold new approved extension ( extended i797).


Please help, this is getting scary for me as i cannot change my travel plans. Thanks

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Hi Jairichi, I have heard something about last action rule, according to which i will get i94 based on my existing Visa (valid for only next 1 month from my days of arrival. 


Could you please explain if this last action rule will affect my I94. 



Ajaykumar J Bhagat

You need to show both I797s at POE to get extended I94 expiry date.

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