Q: Can I get H1b stamping before the start date on I-797 and enter USA (working for same petitioner)?
I live in USA on H1 status. I have I797 valid until Aug 24, 23, although visa stamp in my passport is expired. I have H4 stamp from few years ago. Never got H1 stamp COS from H4 to H1. My H1 extn is approved (Aug 25, 23 to Aug 24, 26. I was planning to visit US consulate in 1st week of Aug 23 to get H1B stamp. Then, return in 2nd week of Aug 23. If I get the stamping done in early Aug, I will be re-entering USA couple of weeks before start of the validity date of new I-797. I am working for the same employer.
I am told by my attorney that I should wait until after new I797 start date (Aug 25, 23) to return. He said that if I returned prior to the start date shown in the new I797, CBP will likely admit me until the end of my currently valid H1 & my H1 extn may not go into effect on Aug 25, 23. Is it that I will get a shortened I94 or will my H1 extn be invalidated? If I get shortened I-94, can I remediate by going to Canada border few days before start of my new I797 for updating I94?
A: Generally, if you enter the US before the start date on your new I-797, the US Customs and Border Protection (CBP) officer may admit you based on your existing H1B status until the expiration date on your current I-797. This means your H1B extension may not go into effect on the intended start date. It is possible that you could receive a shortened I-94 indicating your admission until the expiration date of your current I-797. However, it's important to consult with an immigration attorney to fully understand the potential implications and explore any available remedies. They can provide accurate advice based on your specific circumstances and help determine the best course of action for your situation.
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