How do I find out if I am ‘out of status’?

Being ‘out of status’ means remaining in the United States beyond the period your authorization allows. For those on an H-1B visa, the starting point is checking your authorized period of stay.

That date appears on your Form I-94, the arrival and departure record, and on your visa approval. Exceeding the deadline shown there can constitute a status violation, so it is worth reviewing those documents carefully.

For the H-1B, status is tied to the employment relationship that supports the visa. Changes such as termination, leave of absence, or a significant change in working conditions can affect your situation, even if your Form I-94 expiration date has not yet arrived.

• Check the authorized period of stay on your Form I-94.
• Review your visa conditions and your employment situation.
• Consult the official CBP portal to confirm your Form I-94 data.

If you identify any sign of irregularity, seek specialized guidance as soon as possible and verify the information through official sources, avoiding any promises of guaranteed outcomes.

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.