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

[dans]

Hi,

My H1B visa expires in July 2018 (that's what in the passport), but my I-797 is only valid through December 5th. Would I be able to re-enter the US after December 5th?

The immigration team at my company who sponsors me claims I wouldn't, but I recently asked that question to a US CBP officer at two different airports and looking at my passport, they didn't see any issues with my re-entering the US in a few weeks (I didn't however say anything about the I-797).

Has anyone had or have heard of a case like this?

Thanks!
Dan

[b44]

dont try this

As far as I have known from my stay for 10+ years, both 797 date and the passport date should be in future from the date you are trying to enter.
In fact I am not even sure how you got July 2018 stamp with active 797 ending in December 2017. That seems to be a problem and based on other forum search, you may want to check if there is any negative impact of this date difference you have.

I am not an attorney, but just sharing my 2 cents based of google search and what I know