Stamping for I797 with new expiry date

[EternalTruth]

Experts,

When I recieved my first H1B, the expiration date on I797 was Oct 08. I changed my job in Feb 08 and recieved new I797 with expiry date of Jan 2011. I went to my home country and got my H1B stamped in Dec 2008 for the second term extension. Now I am planning to go back to my home country again in Dec 2010 (this year end). I talked with my employer to draw their attention that second term of my H1 is supposed to expire on Oct 2011; they agreed to issue me new I797 (or apply for new I797) with updated expiry date.

Assuming that I recieve new I797 with expiry date of Oct 2011 before I travel to my home country in Dec 2010, do I need to go for stamping again, since I will have new I797 with a different expiry date?

I hope I have explained my case clearly, in case of questions, please let me know.

Thanks!

[shervin143]

Visa is just an extry document to U.S. By the time you return back, if your existing visa in the passport is still valid, then no need to go for stamping. By showing the extended petition at the POE, you will get an I-94 until the extended petition expiry date (Assuming your passport remains valid for a longer time).

[EternalTruth]

Shervin, thanks for your prompt reply. I really appreciate!

Lets say I am out of USA from Dec 1 to Dec 31, 2010. When I return back on Jan 1, 2011, I will have a visa on my passport with expiry date of Jan 31, 2011 and a new I797 with expiry date of Oct 31, 2011.

Given this, do I need to go for stamping again so that my new visa stamp on passport shows expiry date of Oct 31, 2011 in place of Jan 31, 2011? The dilemma is I have already gone for stamping for my H1B extension. Also I am concerned that at Point of Entry, being just one month away from the visa expiry date (Jan 31, 2011) on my passport might put me in risky spot (although I797 will have expiry date of Oct 31, 2011).

Hope I haven't made my question too confusing.

[shervin143]

Like I mentioned earlier, visa is just an entry document. As long as your visa is valid, you can enter U.S (No need for new stamping). By showing the extended petition, you can get an I-94 until the expiry date of the new petition. This is how it usually works. Very rarely, the officer at the POE will issue the I-94 just until the visa expiry (Happens very rarely).

If you feel comfortable with a new stamping in the passport, then you should go ahead and do that.