Entering the US with B1/B2 while holding valid I-797

[April90210]

Hi, my first term (3 year) of H1-B visa has expired in December. But I have the valid I-797 notice for the second term. I haven't gone back to my home country to get the new H1-B visa stamp, which I am planning to in July. However, prior to July I need to go to Argentina for a week. Can I enter the US with my B1/B2 visa instead? I still have a valid visitors visa on my passport. I am planning to be in the US for two weeks, then going back to home country to get my H1-B visa stamp.

My main concern is, will my entry with B1/B2 visa for 2 weeks jeopardize my H1-B visa stamping in home country?

[raghvi]

Hi, my first term (3 year) of H1-B visa has expired in December. But I have the valid I-797 notice for the second term. I haven't gone back to my home country to get the new H1-B visa stamp, which I am planning to in July. However, prior to July I need to go to Argentina for a week. Can I enter the US with my B1/B2 visa instead? I still have a valid visitors visa on my passport. I am planning to be in the US for two weeks, then going back to home country to get my H1-B visa stamp.

My main concern is, will my entry with B1/B2 visa for 2 weeks jeopardize my H1-B visa stamping in home country?

I dont see any issues as long as its a genuine B1/B2 travel.

This is my opinion not legal advice.

[April90210]

I dont see any issues as long as its a genuine B1/B2 travel.

This is my opinion not legal advice.

Thanks for sharing. My immigration lawyer was concerned that my current status is H1-B, and if I enter with B1/B2, it might alter my status and raising doubts with the visa officer at home country. Anyone has had similar experience?