entry before expiry

[dnome2]

Hi,

My current h1b visa expires on march 9th 2012 and i have an extension on hand which starts from march 10 2012 - 2014. If i travel and return by Feb 20th 2012 without visa stamping of new 797, would there is any issue ? Am i fine entering with the current visa. Would there be any queries at the port of entry with regards to why i did not stamp the new 797 ? Anybody gone through similar situation ?

Appreciate your feedback.

[shervin143]

No issues. You are allowed to enter as long as the visa and petition remains valid. Show both the approval notices at the POE and make sure they issue you the I-94 until the extended petition expiry date (Be proactive and check that before you leave the POE. Correcting the I-94 after leaving the POE is difficult).

[dnome2]

Thanks for the response.

In case the officer does not wish to look at my extended 797 for I-94 date. What action would i need to take after my current visa expires ? Would it be ok if i continue living in the US with the new I-94 attached to new 797 ?

[shervin143]

Usually they will issue you a new I-94 as per the extended petition expiry date. Make sure to show the extended petition to the officer. Keep the extended petition at the top and the old petition below that when you hand over the approval notice to the officer at the POE. If they still issue you a I-94 only till the old petition expiry date (it happens very rarely), then you need file the H1B extension again before the current I-94 expires. The last received I-94 will take precedence and you need to file an extension before that I-94 expires. Or leave the country and try to return back (by going to a neighboring country like Canada/Mexico) and try your luck again. Only vary rarely they issue an I-94 until the old petition or visa expiry date and it totally depends on the officer.

Thanks for the response.

In case the officer does not wish to look at my extended 797 for I-94 date. What action would i need to take after my current visa expires ? Would it be ok if i continue living in the US with the new I-94 attached to new 797 ?