Can I stay beyond my I-94 date?

The date recorded on your I-94 determines how long you are authorized to remain in the United States, even if the visa stamp in your passport shows a different expiration date. For those in the country on an H-1B visa, this is the date that marks the end of your authorized period of stay.

Remaining beyond that date without an approved extension or change of status, or at least one that is pending, may lead to the accumulation of unlawful presence, which carries serious consequences for future visa or immigration benefit applications.

If you need to stay longer, the right course of action is to file a petition for an extension or change of status before your I-94 expires. When a petition is filed on time and remains pending, continued presence during adjudication is generally permitted under the applicable rules.

Because every case has its own circumstances and the rules may change, it is important to check your expiration date directly on the I-94 and verify the current procedure with USCIS or a qualified immigration attorney before your authorized stay ends.

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.