Return 2 days before stamping expiry

[rvg]

I have Visa stamping and expiry from old emp A till June 1st, 2015

I have approved I-797 from current emp B till Oct, 2016

 

emp A was full time and emp B I am currenly in EVVC model.

 

Is it possible for me take an india trip and return on May 29th, 2015 without attending stamping. How risky is it to return within 2-4 days of stamping expiry. 

 

Also what if I choose a POE like abu dhabi which might be safer.

 

Appreciate your input.

[jairichi]

You are fine.

Every POE is similar.

[shekar11#]

You should not have any issues because you already have a new I-797. Not sure how you are thinking POE at Abu Dhabi is safer. Every POE officer is trained the same way. If it was really safe everyone would be coming through Abu Dhabi POE to US.

[ad2010]

You can come back on your H1B visa from previous employer.  

 

At POE most likely they will give I-94 till the VISA END date, and this I-94 cannot be extended in US. For getting it extended you need to get out of the country and return with new visa.

I got this from our company attorney.  The attorney told me that by law they can give I-94 till visa end date (If the visa is not from current employer), however if the POE officer kind enough you will get I-94 till your I-797 validity.

 

One of my friend's friend  got I-94 till visa (visa from previous employer)  end date only.  Then their company attorney asked him to go out of the country and get new visa. He went to India for a week and got visa and came back on current company's visa.

 

I have never heard this before, that's why I asked our company attorney.

 

 

I would suggest you to talk to your company attorney  before making the trip.