Will I able to enter in the US with old stamp, if consular won't renew?

[Betik]

Hello everyone,
Please advice (H1B). My visa expiring in oct 2012, status expiring in oct 2013, passport expiring in nov 2012.
I applied for new passport in US and it is should be done very soon.
If I would like to go home before my current visa expired and apply for the new visa at the same time and will get refusal, will I able to reenter in the US with old visa, what is not expired yet (till oct 2012)?

[raghvi]

Hello everyone,
Please advice (H1B). My visa expiring in oct 2012, status expiring in oct 2013, passport expiring in nov 2012.
I applied for new passport in US and it is should be done very soon.
If I would like to go home before my current visa expired and apply for the new visa at the same time and will get refusal, will I able to reenter in the US with old visa, what is not expired yet (till oct 2012)?

All sorts of confusions are possible when one files extension and travels outside US. If you are going to the consulate in your home country they may cancel the existing visa before deciding to issue you a new one in that case you wont be able to come back. The best solution is to premium process the extension before you travel. If you have to travel at any cost then it would be better to travel and return before Oct 2012 and file extension immediately after you come back. This is my opinion not legal advice .

[Betik]

Thank you for your response. One more question please.
My new passport is ready and it is in consulate of my country in Seattle. And my current one is expiring in November 2012.
If I decided to leave the country in September (without pickin up new passport) and come back in one week, will I able to enter in the USA with visa what is expiring in october, and passport what is expiring in November. Or will I have any problems when entering country?