Travel while H-1B case is pending

[hello_all4]

Hi Guys,

I am on H-1B approved till Oct 2011 and recently my company filed H-1B amendment to extend my stay till Aug 2013. The amendment petition is still under review and I had to travel outside the country (to India) and had to appear for interview to get visa stamped (H1 stamping for first time as I came on J1 and moved to H-1B).

When I inquired whether I can travel on the old approval notice valid till Oct 2011, I have been advised that I can travel on that approval notice and if I go to US consulate for interview with that notice,t my visa will be stamped till the date on that notice and also the I 94 I will receive at POE will be valid till Oct 2011. So, I have filled and submitted the application for Visa using the WAC..... number on my approval notice valid till Oct 2011.

There are different scenarios that can happen

Scenario 1. The extension can get approved before I travel (Nov 27th, 2010) and appearance for the interview. If it get approved then I will get a new I797 valid till Aug 2013.

Q1. Can I use the new approval notice (Aug 2013) at the interview even though in my visa application I has used WAC number from earlier I797A (Oct 2011)?

Scenario 2. It is possible that my extension can get approved after I appear for the interview BUT before I travel back to US. In that case the visa I get stamped in passport will be till Oct 2011 but I will have a new I797 with Aug 2013 date.

Q2. Can I show the new I797 at POE to get the I94 stamped till Aug 2013.

Scenario 3. The worst case, It is possible that my extension can get approved after I come back to US. So at POE, the I94 issued will be valid till Oct 2011.

Q3. Will my new I797 with Aug 2013 date will become null and void and do I have to apply to USCIS for the extension again?

OR if it doesn't get null and void,

Q4. Can I go outside US before Oct 2011 and come in US and show the new I797 at POE and get a new I94 valid till Aug 2013?

Any comments/advise is highly appreciated. Sorry for the long post but could not find a shorter way of expressing myself. Hope I am clear

[txh1b]

S-1 Q1. Yes. You need to present both I797s during the visa stamping.
S-2 Q2. Yes, possible. You need to present both I797s.
S-3 Q3. Complicated but it does not get void. Attorney consultation recommended. Search on the forum for the word "Cloning" and read the posts that clarify this matter.
S-4 Q4. Yes, That can be done if you want to avaoid the complexity and uncertainity from #3 above.

[hello_all4]

S-1 Q1. Yes. You need to present both I797s during the visa stamping.
S-2 Q2. Yes, possible. You need to present both I797s.
S-3 Q3. Complicated but it does not get void. Attorney consultation recommended. Search on the forum for the word "Cloning" and read the posts that clarify this matter.
S-4 Q4. Yes, That can be done if you want to avaoid the complexity and uncertainity from #3 above.

Thanks a lot! I appreciate it.