Entering with old H1B visa/1 week validity

[teralab]

I entered US in Jan 2010 with an H1B with Visa until June 19th 2012. In 2011 I've transfered my H1B to different company and got an I797 extention until Nov 2013. currently I am planning to go to India and return on June 5th (June 19th is my visa expiration date).

Will there be any issues? Am I allowed to get inside US with in 2 weeks of expiration date? Am I allowed to get inside US with Visa validity on my old H1B?

[PERM12]

Completely depends on the officer at POE.
You need to show him your new H1 Approval along with the Visa stamp page.

some officers accept that and give you an I94 till the new expiry of H1 extension approval

Some officers might only give you till the end of H1 Visa stamping date only - asking you to go back for stamping.
two option if this happens — 1. You can go back for a visa stamping in canada or Mexico or per say your home country. or 2. you might want to check with your attorney if there is an option of filing online I539 if this happens to get an extended I94 for the duration of your H1 Approval.

PS: I am not at attorney.

I entered US in Jan 2010 with an H1B with Visa until June 19th 2012. In 2011 I've transfered my H1B to different company and got an I797 extention until Nov 2013. currently I am planning to go to India and return on June 5th (June 19th is my visa expiration date).

Will there be any issues? Am I allowed to get inside US with in 2 weeks of expiration date? Am I allowed to get inside US with Visa validity on my old H1B?

[krishmunn]

It does nto depened on officer at PoE. That is incorrect.

It is a standard process and you will get I-94 per your approved petition. I have travelled just this same way. Before my travel , I sent a mail to DHS and got a reply whcih I carried (though I did nto need it).

If a Officer makes a mistake , ask to talk to his supervisor OR if you are in hurry proceed at that point and in a day or two visit the nearest DHS office to get it corrected

[sac-r-ten]

I entered US in Jan 2010 with an H1B with Visa until June 19th 2012. In 2011 I've transfered my H1B to different company and got an I797 extention until Nov 2013. currently I am planning to go to India and return on June 5th (June 19th is my visa expiration date).

Will there be any issues? Am I allowed to get inside US with in 2 weeks of expiration date? Am I allowed to get inside US with Visa validity on my old H1B?

one can definitely entry back on valid old stamped visa and new I797 but that 1-2 weeks validity is a bit grey area. i had done that in 2007, but i had more validity (few months) on the old stamped visa.
talk to a good attorney.

good luck and give your feedback whatever you do. helps other folks later.

[macho_nair]

Page 19-21 of the following manual clearly addresses this case.
http://www.state.gov/documents/organization/87226.pdf

I don't think there is any ambiguity in the statements. The doc clearly states that one can re-enter on the old visa provided certain conditions are met.

Regarding the time before expiry or grey area. As long as visa is valid - one should be able to enter. Else what is the point of having an expiration date? I have entered a week before expiry.

Since it is already Aug, maybe the originator of the thread can update his experience. We'd love to hear it.

Cheers

[teralab]

I was able to enter without any issues. Cheers!

[ashwaghoshk]

I was able to enter without any issues. Cheers!

Any questions asked?