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Can I re-enter with old valid H1B visa stamp even though new I797A is available?

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  • Can I re-enter with old valid H1B visa stamp even though new I797A is available?

    My current visa expires in Oct 2016. I talked to my employer and they said that H1B renewals are taking ages right now, so I should travel to India and come back before current visa expires. So I went ahead and booked my flight for mid-Aug to mid-Sep period.

    A couple of weeks ago my employer decided to apply for renewal under premium processing. The application has now been sent and I should get the renewal within a couple of weeks.

    I now looked at New Delhi visa interview appointments and the earliest one is available only after September 15th! Since my return flight is before that, I cannot make an interview appointment.

    Can I re-enter with my current valid stamp, and show new I797A (with new expiry date 3 years from now) to the CBP officer and get the I-94 valid until 3 years from now? Or will the I-94 be valid only until Oct 2016?

    It is crazy how New Delhi embassy is already booked until Sept 15 now!

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