Can I keep working if my visa expires but my I-797 and I-94 are still valid?

Yes. In the U.S. immigration system, what authorizes you to remain and work is not the visa stamp in your passport, but rather your status, evidenced by the I-797 (approval notice) and the I-94 (arrival and authorized stay record).

Working under the H-1B, your right to remain in the country depends on the validity of that status. Therefore, even with an expired passport visa, as long as your I-797 and I-94 remain valid you are in lawful status and may continue your work activities normally.

The distinction becomes important when traveling: the passport visa is the document required to reenter the United States. If you leave the country with an expired visa, you will need to obtain a new visa at a consulate before returning, even if your internal status is current.

• The passport visa is the entry key; the I-94 defines how long you may remain.
• An expired visa with a valid I-797 and I-94 does not prevent you from continuing to work inside the U.S.
• International travel requires a valid visa to reenter.

Because reading the dates on your I-94 and the conditions of your status can vary case by case, it is worth confirming your situation with the USCIS or with a qualified specialist before traveling or making any changes.

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.