The Visa Stamp in Your Passport Is Not What Controls. Your I-94 Is

Kinzy Law Team

Immigration rules, fees, and procedures are changing frequently; confirm current requirements before acting.

Every week someone tells me, “My visa is valid until 2028, so I’m fine.” Maybe, but the visa stamp only governs entry at the border. Once you are inside the United States, the date that usually controls is the “admit until” date on your I-94 record, together with whether any new petition actually requested an extension or change of status and whether it was filed before your prior status lapsed.

If a petition was filed on time with the right request, you are generally allowed to remain while it is decided. If not, you may be accruing unlawful presence, which carries serious consequences for future visas and reentry. Pull your actual I-94 and receipt notices and confirm the details before you travel or change jobs; do not rely on the stamp.

One more distinction people miss: permission to remain and permission to work are separate questions. A timely-filed extension of the same status with the same employer generally authorizes continued employment for up to 240 days while the petition is pending. Other kinds of filings may let you remain lawfully while they are decided but do not authorize work in the meantime. Confirm which rule applies to your filing before you keep working, not after, because unauthorized employment creates its own problems that outlast the petition.

The same discipline applies to work permits. In many categories, a timely-filed EAD renewal comes with an automatic extension of work authorization, but the rules on who qualifies and for how long have been changing, and the extension cannot be taken for granted. A lapse can mean an unlawful gap in employment. Confirm your category before assuming you are covered; I can check where a renewal stands and what your employer needs to see.

Before you travel, change jobs, or keep working past a deadline, pull the actual documents and confirm. Call or text 512.761.8479.

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