I have a valid H-1B visa stamp that expires on October 1st, and my H-1B extension has been approved for another 3 years beyond that date. If I travel internationally on August 1st and plan to return to the U.S. on August 15th, can I re-enter using my current visa stamp along with the new I-797 approval notice, or will I need to obtain a new visa stamp before returning?

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Posting as :
works at
You are currently posting as works at

The current visa stamp work

likehelpful

You'll need a new stamp using the current i797

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Wrong

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You can use the existing stamp

helpful

You can use your current visa stamp but please be aware that the new i94 will potentially override the extension i94 (the one that ends after 3 years). Therefore, you would still need to leave after the expiry of the visa based i94, get a new visa and enter again. I have also heard of folks getting i94 extension at port of entry with their approvals but I dunno how much that is prevalent nowadays. Again, this is per my understanding and I strongly recommend asking your lawyers about this before you travel.

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Thank you! I will try to get the visa stamped. This is me preparing for the worst case of not finding an appointment. Will ask law firm as well. Just checking in here to see I find anyone who actually went through this recently.

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Check the I-94 attached in I797..if it starts after the current I-94 is expiring you should be fine..also I have seen people entering back with just a week or two left.Usually CBP officers remind you that your visa is expiring.

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