Travel to India and return back to USA - before H1B stamping expires

[indiannusa]

Hello, 

Hope everyone had a relaxing holiday weekend. 

I have a question regarding VISA stamping validation at Port of Entry in USA. 

I have my H1B visa stamping till Dec 31, 2014 with Company X and valid H1B I797 with Company Z until Aug'2016. I am currently working for Company Z for last 1 year or so. 

Will it be an issue if I travel to India and return back on Dec 25, 2014 (3-5 days before Visa stamping expires) and with H1B I797 valid until Aug' 2016. 

Thanks for your time

[jairichi]

You are fine.

[pontevecchio]

It is legal and should not be an issue. He may ask why you did not get a new visa and you obviously had time constraints.

[eigna]

I am not sure if that is correct.  Won't his I-94 will have expiration date of 12/31/14. 

[jairichi]

I am not sure if that is correct.  Won't his I-94 will have expiration date of 12/31/14. 

His I94 would have got extended when employer Z got a cap exempt H1B petition approval. I94 is not issued based on visa expiry.