My I-94 is expiring soon. Should I leave the U.S. while my I-140 is pending?

The key point is to keep two things separate: the I-140 is a petition on the path to permanent residence, while the I-94 is what defines your authorized period of stay as a nonimmigrant. Having a pending I-140 alone does not, by itself, extend your I-94.

So if your I-94 is close to expiring and you have not obtained an extension or change of status that authorizes you to remain, staying past the expiration date can result in unlawful presence, even with the I-140 pending. This can have consequences for future applications.

For that reason, when there is no approved extension or change of status supporting continued presence, departing the United States before the expiration date is generally the safer course of action. Alternatives exist depending on your profile, but they depend on your specific situation.

• Your legal stay is determined by the I-94, not the pending I-140.
• Remaining beyond the expiration date can accumulate unlawful presence.
• An approved extension or change of status changes this picture.

Because every case has its own details, it is worth reviewing the current rules on the USCIS website and consulting with a professional before deciding whether to stay or depart.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.