I am on an H-1B visa and my I-94 recently expired, but my visa stamp in my passport is still valid for another year. Am I allowed to stay in the US, or do I need to leave and re-enter? I keep seeing conflicting answers about I-94 vs visa validity.
You cannot stay in the United States based on your valid visa stamp. The date on your ,[object Object], dictates how long you are authorized to remain in the country, and the expiration of your visa stamp has no relation to that authorized period. Because your I-94 has expired, you must leave the US and re-enter to regain lawful status. The only exception is if you can prove you missed the deadline due to extraordinary circumstances beyond your control.
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 ,[object Object], to get a new 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.
