H1 re-entry with old visa and new I-797

USA H1B Visa
1

Hi,
I have a quit complicating situation at the moment and hope someone can clarify for me.

I was lay off by my previous employer in 2020 after the my H1 case is approved. They decide to hire me back in 2021 but want me to join subsidiary branch, so they file a transfer and was approved, the USCIS decide to add the missing 1 year I didn’t use to the new I-797.
But when I went embassy for visa stamping, the new I-797 was delayed by the carrier, so the company attorney suggest me to use the previous I-797 which has shorter duration and later I received the new I-797 after I enter the US.
so I planned to go back for vacation this winter, If I present the new I797 and old visa, will there be any issues?

2

You will need a valid visa to enter the US. If your old visa is valid at the time you enter the US, yes you need to present current/new I-797 so the CBP can issue I-94 as per your new I-797.

3

Thanks for the reply!

yes my visa is still valid, however, my new I-797 is obtained when I was overseas, so is 797B, and it won’t have I-94 attached. will the CBP able to issue/update I-94 for me?