Can I continue working if my visa expires, but my I-797 and I-94 are valid?

It is important to understand that, in the United States, the document that ultimately proves your legal work status is not the visa stamped in your passport, but rather the approval of your work status, reflected in Form I-797 and the I-94 record.

If you are working in the U.S. under an H-1B visa, your right to stay and work in the country mainly depends on the validity of your status, as demonstrated by your I-797 (approval notice) and your I-94 (entry record and authorization to remain in the territory).

Even if the visa in your passport has expired, as long as your I-797 and I-94 remain valid, you are in a lawful status in the country and therefore may continue performing your work activities.

However, it is essential to stay attentive to certain details. For example, if you decide to travel outside the United States, it will be necessary to obtain a new visa to re-enter, as the validity of the visa in your passport is required in this context.

Additionally, always seek reliable and up-to-date information by following U.S. immigration laws and avoid trusting promises of guaranteed results through marketing campaigns or non-specialized sources. Remember that complying with immigration rules is crucial to avoid future complications.

If you have specific questions about the validity of your documents or your particular situation, seeking guidance from reliable sources and immigration professionals can help clarify any issues and ensure you are always following the proper legal procedures.

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.