My visa expired but my I-94 is still valid; can I stay in the US?

Yes. It helps to start with a distinction that confuses many people: in the United States, what defines your status and how long you may remain is the I-94, not the visa stamp in your passport. The visa is the document used to enter the country; the I-94 records your authorized period of stay.

So if your H-1B visa has expired but your I-94 is still valid, you may remain lawfully in the US as long as the I-94 is within its validity period and you continue to meet the conditions of your status, such as working for your sponsoring employer.

The key concern arises if you travel outside the United States:

• to re-enter the country, you will need a valid visa, so an expired visa would need to be renewed before your return;
• changes in employment or other circumstances affecting your status also require careful attention.

Because every case has its own details, check your date on your I-94 directly and, if you have any questions about travel or a change of status, seek up-to-date guidance from USCIS or a qualified immigration professional.

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.