The I-94 is expiring soon. Should I leave the US while the I-140 is pending?

It is important to understand the distinction between non-immigrant status, which is granted through the I-94, and the immigrant petition process (such as the I-140) in the United States.

The I-140 is a step on the path to permanent residence, while the I-94 determines the authorized period of stay based on your current visa. Thus, even with the I-140 pending, your legal status in the US depends on the validity of the I-94 or any extension/status change you may have applied for.

In practice, if your I-94 is about to expire soon and you have not obtained an extension or change of status, it is essential that you comply with US immigration laws. Staying in the country after the I-94 has ended, even with the I-140 petition in progress, can result in unlawful presence accumulation, which can negatively impact future immigration processes.

Therefore, in most cases, if there is no approval of an extension or change allowing you to remain legally, leaving the US before expiration is recommended to avoid future complications. Each situation is unique. If you are considering alternatives or have questions about the best course of action, it is advisable to seek guidance from professionals specialized in immigration.

This way, you avoid falling victim to scams or marketing campaigns promising miracle solutions without solid legal basis. Always remember the importance of strictly following immigration laws and procedures to ensure your journey in the United States is safe and free of future complications.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.