I am on an H-1B visa and my I-94 recently expired, but my visa…

Summary

You have a clear way to fix this. Because your passport and H-1B visa stamp are still valid, you can simply depart the United States and apply for readmission at a to get a new I-94.

Because your I-94 has expired, your options depend entirely on whether you had an extraordinary reason for missing the deadline.

Depart and re-enter the USBest path

You leave the country and use your valid H-1B visa stamp to re-enter. This is the standard way to get a new I-94 and restore your authorized stay.

File a late extension from inside the USBlocked

You cannot file an in-country extension unless you can prove the delay was caused by extraordinary circumstances beyond your control. If you try this without meeting that high standard, the government will deny the request and you will trigger a $100,000 penalty fee.

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Why the visa stamp does not override the I-94

It is incredibly common to see conflicting information about this online, but the official rule is clear. Your visa stamp is only an entry document. It allows you to travel to a U.S. border and ask to come inside.

Your I-94 is your actual permission to be in the country. The period your visa is valid has no relation to the amount of time the immigration authorities authorize you to stay. Once the I-94 expires, your authorized stay ends, even if the visa stamp in your passport is good for another year.

Do not attempt to file a late extension from inside the US unless a severe emergency caused the delay. Immigration attorneys advise that as of September 2025, a presidential proclamation imposes a $100,000 fee on H-1B petitions if the government decides you are ineligible for an extension because your status already expired. Leaving and re-entering avoids this massive financial risk.

Next steps

Follow these steps to restore your lawful status using your valid visa stamp.

Depart the United States

You must physically leave the country. This clears the expired I-94 from your record.

Apply for readmission at a port of entry

Present your valid passport and your unexpired H-1B visa stamp to the Customs and Border Protection officer. They will issue you a new I-94 with a new expiration date, which restores your lawful status.

Others who faced this

You are not the first to go through this. Here is how it went for others who asked the same thing.

H1B I-94 truncation issue – petition valid but I-94 expired. Anyone fixed this after expiration?

u/BranchDry5542r/h1bMar 5, 2026

Hi everyone, I’m trying to understand my options and would appreciate advice from anyone who has dealt with something similar. I’m currently on **H-1B and based out of Dallas, Texas**. My situation: • I entered the U.S. on **Dec 26, 2024** in H-1B status. • My **I-797 approval notice is valid until June 2027**. • I presented the I-797 at the port of entry. • However, my **I-94 was issued only until July 18, 2025**, which matches my visa stamp expiration instead of the petition validity. Unfortunately I didn’t notice this issue until much later. Currently I’m **continuously employed

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Legal sources

The rules governing visa validity, I-94 expiration, and the penalties for late H-1B extensions.

USCIS FAQs

The government will only excuse a late extension filed after your status expires if the delay was caused by extraordinary circumstances beyond your control.

USCIS FAQs

If the H-1B petition requesting an extension of status on your behalf is filed after the end of your H-1B status period – in other words, if it was not “timely filed” -- then we, in our discretion and under certain conditions, may excuse the failure to timely file if the delay was due to extraordinary circumstances beyond your control.

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Reddy Neumann Brown PC

As of September 2025, filing a late H-1B extension that the government denies because your status already expired triggers a $100,000 fee.

Reddy Neumann Brown PC

However, if USCIS determines that the beneficiary is ineligible for such an amendment or extension—because their prior status has expired or a late filing cannot be excused—the proclamation requires payment of the $100,000 fee.

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SettleKit is not a law firm. This is general information, not legal advice. Confirm your specific situation with a licensed immigration attorney.