Re-entering the US with a valid H1B visa stamp, but expired I-797 petition

[Dan S 0]

Hi,

I'm staying in the US on an H1B visa and am trying to establish my ability to leave the US to go to Canada for a few days and come back.

The visa stamp in my passport has the Expiration Date and PED: July 2018. However, here's the twist - since my visa was issued, my sponsoring company had to apply for a new petition and it was approved with a shorter validity than the original one - December 5th 2017. As it is expiring soon (tomorrow to be precise), my company already applied for a new petition on my behalf and it is currently awaiting USCIS response.

My question is - can I safely leave the US past December 5th and come back in a few days?

To recap:
Visa stamp: Expiration Date, PED (Petition Expiration Date): 07/31/2018
The recent I-797 petition: Valid through December 5th 2017. Application for new petition submitted.
Recent I-94 (from last weeks travel to Canada): Admit Until Date: 07/31/2018

[Mollie09 1,543]

No, they will always ask for your most recent 797 at the border and the date on that is more important than the date of the visa itself as it establishes status.

You need a new 797 to be able to travel.

[Dan S 0]

Thanks for the response. That's what I was thinking, too, however asking CBP at the border last time, they claimed I'm fine till July 2018...

[Coco8 1,039]

On 12/5/2017 at 2:22 AM, Dan S said:

Thanks for the response. That's what I was thinking, too, however asking CBP at the border last time, they claimed I'm fine till July 2018...

 

That was one guy. Another guy could see it differently. I would not risk it. 

 

By the way, if your petition expires now, don't you need a new one anyway?

Edited December 7, 2017 by Coco8