I-94 Expiration vs Visa Expiration: Which Date Controls?

A ten-year visitor visa does not let you stay ten years, and a visa that expires next week does not mean you must leave next week. The date that controls your stay is the admit-until date on your Form I-94, the arrival record CBP creates each time you enter. Confusing I-94 expiration with visa expiration is the single most common reason people overstay without realizing it, and the consequences start the day after the I-94 date. This post explains what each document does, how to check your I-94, what duration of status means for students, and what an overstay costs.

A visa lets you ask to enter; the I-94 says how long you may stay

The visa in your passport is issued by a U.S. consulate. Its validity period and number of entries tell you how long you may use it to travel to a port of entry and ask for admission. It is not permission to remain. Once CBP admits you, the officer records a class of admission (B-2, F-1, H-1B) and an admit-until date on Form I-94, and that date is your authorized stay. A B-2 visitor with a visa valid for a decade is usually admitted for six months at a time. An H-1B worker is admitted until the end date of the approved petition, or a short period after it, regardless of the date on the visa.

The reverse is also true. If your visa expires while you are lawfully inside the United States and your I-94 is still valid, you are in status. You only need a new visa to re-enter after a trip abroad. Many of the status problems handled through our citizenship, status and travel practice began with someone calendaring the wrong date.

How to check your I-94 after every entry

CBP stopped issuing paper I-94 cards at airports years ago. Your record lives online, and you can retrieve it with your passport details at the CBP I-94 site. Pull it after every entry, because officers make mistakes: a wrong class of admission, a date keyed as the visa expiration instead of the petition end date, or a six-month admission when the petition allowed three years. Errors are corrected at a CBP Deferred Inspection office, and the earlier you catch them the easier the fix. The passport stamp usually shows the same date, but the electronic record controls when the two disagree.

Duration of status for students and exchange visitors

F-1 and J-1 nonimmigrants are admitted for duration of status, written on the I-94 as D/S rather than a date. Your stay then lasts as long as you follow the terms of your program, plus a grace period: 60 days for F-1 students after the program or post-completion OPT ends, and 30 days for J-1 exchange visitors. The dates that matter are on your Form I-20 or DS-2019, and your school or sponsor must extend them before they pass. M-1 students, by contrast, receive a fixed date tied to their program. As of this writing DHS has proposed replacing duration of status with fixed admission periods, so check the current rule before relying on D/S. Students comparing categories can see the differences in our post on F-1, J-1 and M-1 visas, and the F-1 visa page covers the maintenance rules in detail.

What happens if you stay past the I-94 date

The day after your admit-until date you are out of status and, unless an exception applies, you begin to accrue unlawful presence. Reach 180 days and a departure triggers a three-year bar on returning; reach one year and the bar becomes ten years. Separately, INA 222(g) voids the visa in your passport the moment you overstay a date-certain I-94, and any future visa must be applied for at a consulate in your country of nationality rather than a third country. The distinction between falling out of status and accruing unlawful presence is explained in our post on unlawful presence versus being out of status.

A timely filed, non-frivolous extension or change of status changes the picture. If Form I-539 or an employer’s Form I-129 reaches USCIS before the I-94 date, you are in a period of authorized stay while USCIS decides, even after the date passes. Our change and extension of status page describes the filing rules, and our Form I-539 checklist lists what to send.

The 240-day rule for workers

Workers in H-1B, L-1, O-1, E and TN status whose employer files a timely extension for the same job may keep working for up to 240 days after the I-94 date while USCIS decides. The rule covers continued employment with the same employer only; it does not cover a change of employer or a change of category, and it ends the day a petition is denied.

A short calendar routine

Put the I-94 date, not the visa date, on your calendar. Set a reminder months ahead, since late filings are excused only for extraordinary circumstances beyond your control. Download a fresh I-94 after every trip, keep your I-20 or DS-2019 current, and read our guide to what B-1/B-2 visitors can and cannot do if you are here as a visitor and considering a longer stay.

If your I-94 date is approaching or you suspect an error in your record, a consultation with Capitol Law Partners can confirm your status and the filing that protects it. Schedule a consultation.

This article is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by this communication.

Attorney Sena Sahin. Clear advice for individuals, families, and business owners.

Need help with this topic? See our immigration status and travel page or schedule a consultation.