visa expiring, but entering US just 2 days before expiration

HI,

I am on H1B my visa expiring in oct 25, 2013, extension is already applied in june 2013 expected to come by oct 2013, but i will travel to india before it comes in september and come back by 20th oct 2013 (just 5 days before date of expiry).

is it ok to do? what will happen at port of entry? what will he stamp on i94 as only 5 days are left.( but yes extension is already applied )

Thanks

Jay

Why are you taking risk? Get it premium processed ($1225) get it stamped and come back.

If they deny you at the POE (many time it depends on the officer’s descretion) it might turn out to be a deportation case and can result in you getting banned.

If you go out during extension normally your COS is abandonned but since your visa is valid till that day I dont know about your I94. I94 comes with COS.