I-94 Expiration Date: How to Find It and What Happens When It Passes on H-1B, H-4, F-1 or B-2

The date on your I-94, not your visa stamp, decides how long you can stay. Here is how to find it, what changes the day after, and which filing protects you.

Part of our guide to the H-4 EAD.

Your I-94 expiration date is the "Admit Until Date" on your most recent I-94 record, and it, not your visa stamp, is the last day you are authorized to stay in the US. Pull it free from CBP's I-94 website or read it off the I-94 at the bottom of your latest I-797A. As of 2026-11-01, F-1 students admitted D/S still have no date, because the rule that would add one is blocked. If the date passes with nothing filed, you are out of status and, if you are 18 or older, accrue unlawful presence from the next day. If an extension request reached USCIS first, you are in a period of authorized stay while it is pending.

Status line, as of 2026-11-01. The worker 60-day grace period is in effect; ending it is only proposed (RIN 1615-AD22, comments close 2026-11-10; check the Federal Register docket after that date). The duration of status (D/S) final rule has been blocked by a federal court since 2026-09-14; summary judgment is briefed and DHS's appeal is pending (watch the docket for a ruling), so F-1 students admitted D/S still have no I-94 end date. Scheduled: from 2026-11-09 USCIS accepts only the 09/09/26 Form I-129, and paper I-539, I-765 and I-129 filings sent to the old USCIS addresses are accepted only if postmarked on or before that date.

What is the I-94 expiration date?

The I-94 expiration date is the Admit Until Date that CBP set when it admitted you, or that USCIS set on an I-797A approval. It ends your authorized stay and can differ from your visa stamp and petition dates. Any extension has to reach USCIS before it passes; CBP's deferred inspection offices correct CBP's own mistakes but do not extend a correct date.

Your visa stamp only gets you to a port of entry, and your I-797 sets the petition dates. When the petition and the I-94 disagree, the I-94 controls how long you may stay; see our guide to an I-94 shorter than your I-797.

For H-1B, L-1, E and TN workers, 8 CFR 214.1(l)(1) lets CBP admit you for the petition's validity period "plus an additional period of up to 10 days before the validity period begins and 10 days after the validity period ends." Those extra days are not workdays: unless 8 CFR 274a.12 authorizes it, you "may not work except during the validity period."

How to find your I-94 expiration date

1. Open CBP's I-94 website at i94.cbp.dhs.gov (type the address yourself) or the free CBP Link app, and choose "Get Most Recent I-94".
2. Enter your name, date of birth, and the passport number and issuing country from the passport you used at your last entry, not a newer one.
3. Read the Admit Until Date and the class of admission (H1B, H4, L2, F1, B2 and so on).
4. Compare it with your newest Form I-797A. If USCIS approved an extension or change of status after your last entry, the I-94 printed at the bottom of that notice is your current record, and CBP's site may still show the older entry.
5. Save a PDF and set a reminder at least 45 days before the date, the lead time USCIS suggests on its Form I-539 page.
6. Report a wrong class or date right away, to your DSO if you are on F-1 or to your employer's immigration attorney otherwise. CBP's I-94 instructions page lists the deferred inspection sites that review and correct CBP-issued records.

Our guide to downloading your most recent I-94 covers each screen.

What happens when your I-94 expiration date passes?

If you are still in the US the day after your Admit Until Date and nothing was filed in time, you are out of status. USCIS's unlawful presence page (updated 2026-08-14) says that "typically, you start accruing unlawful presence if you stay in the United States after the date noted on your Form I-94." A timely extension request changes that, as covered below.

What passing the I-94 date means, and the filing that protects you, as of 2026-11

What the table cannot fit:

• H-4 families. An H-4 EAD under (c)(26) runs only to the end of H-4 status, so a short H-4 I-94 shortens the card too. Children under 18 do not accrue unlawful presence but can still fall out of status.
• L-2 spouses. The October 2026 EAD final rule (in effect since 2026-10-14) says L-2 spouses are work-authorized incident to status, an L-2S I-94 can serve as evidence, and once L-2 status expires the spouse "would no longer be employment authorized as an L-2 nonimmigrant." Our reading: that points to the I-94 date as the end of L-2 work, even with an I-539 pending; confirm with your attorney before working past it.
• B-2 visitors, including visiting parents. USCIS's extend your stay page warns that overstaying means "you may be barred from returning and/or you may be removed (deported) from the United States."

Already past the date? What to check first

1. Confirm the real date. A newer I-94 on an I-797A replaces the CBP record, so your stay may still be running.
2. Find the receipt date on any I-797C. If USCIS received an extension request before the old date, you are in the pending-extension position described below, not an overstay.
3. Talk to an immigration attorney now if nothing was filed (an F-1 student with a dated I-94 starts with the DSO). USCIS can excuse a late extension only in its discretion under 8 CFR 214.1(c)(4), when the delay came from "extraordinary circumstances beyond the control of the applicant or petitioner" and other conditions are met. Unless USCIS excuses the delay and approves the request, the days after your I-94 date count as unlawful presence.

How do you extend your I-94?

You do not extend it with CBP. You ask USCIS for an extension of stay, and if USCIS approves, you receive an I-797A with a new I-94 at the bottom. The Form I-539 page states the rule plainly: "You must apply for extension of stay or change of status before your current authorized stay expires."

• Workers (H-1B, L-1, O-1, E, TN). Your employer files Form I-129 and pays its fees. Premium processing on Form I-907 costs $2,965 for most I-129s, with a 15-business-day clock.
• Dependents and visitors (H-4, L-2, B-2 and others). Form I-539 costs $470 on paper or $420 online under G-1055 (edition 10/26/26). USCIS accepts only the 08/28/24 I-539 and is "not accepting the 09/15/26 edition."
• F-1 on D/S. There is no I-94 date to extend. With the D/S rule blocked, the I-539 page says USCIS "will proceed under the previous regulatory provisions," so your DSO extends the I-20 program end date before it passes.

How to make sure the request counts as timely

1. Check how each form can be filed. Form I-539 is on USCIS's online filing list (updated 2026-10-07), and under policy alert PA-2026-15 (in effect since 2026-10-23) an e-filing is received when you submit it. The H-4 EAD (I-765, category (c)(26)) is not on the list, so it goes on paper; whether to file the I-539 alongside it on paper is a question for the attorney.
2. Mail paper filings early (USCIS suggests at least 45 days before the date). USCIS's 2009 unlawful presence guidance (AFM chapter 40.9.2) treats a request as timely when it is "physically received" before the previous stay expired.
3. Pay by card (Form G-1450) or bank debit (Form G-1650). Since 2025-10-28 USCIS rejects checks unless a G-1651 exemption applies, and a rejected package is not a filing.
4. Keep the I-797C receipt notice with your I-94 as proof of a timely filing.

Common misconception, then correction. "My I-94 ends on a Sunday, so I can file on Monday." PA-2026-15 moves a day-counted paper deadline that lands on a weekend or holiday to the next business day, but online filings and eligibility deadlines never roll. Our reading: "before your current authorized stay expires" is a fixed date, not a day count, so a Monday filing would be late. Confirm with your attorney.

What happens if your I-94 expires while your extension is pending?

If the request was timely and not frivolous, you had kept your status until you filed, and you did not work without authorization, you are in a period of authorized stay: not in status, but not accruing unlawful presence while the request is pending. USCIS's AFM chapter 40.9.2 says: "An alien whose authorized status expires while a timely filed request for EOS or COS is pending, is in a period of stay authorized by the Secretary of Homeland Security."

Then the decision controls. If approved, the new stay is "retroactive to the date the previous period of authorized stay expired." If a timely, non-frivolous request is denied for cause, unlawful presence "begins to accrue the day after the request is denied." If it is denied as untimely or frivolous, or because you worked without authorization, the guidance counts unlawful presence from the old I-94 date for anyone admitted to a specific date.

Working is a separate question. Under 8 CFR 274a.12(b)(20), H-1B, L-1, O-1, E-1, E-2, E-3, TN and certain other workers are "authorized to continue employment with the same employer for a period not to exceed 240 days," counted from the I-94 date. It ends automatically on notice of a denial and does not travel with you: our guide to a 221(g) hold with an expiring I-94 explains why it cannot help while you are stuck abroad. For day-to-day questions, see working while an H-1B extension is pending.

A worked timeline: one H-1B family, one expiring I-94

A hypothetical family: Arjun is on H-1B with an I-94 ending Thursday 2026-12-31, his spouse Meera is on H-4 with an H-4 EAD card ending the same day, and their son is nine.

Set that against USCIS's processing times tool, read 2026-11-01 (80% of cases completed within): 11.5 months for an H-1B extension, 5 months for an H-4 extension filed with an I-765, and 6.5 months for an H-4 EAD filed with an H-4 I-539. Check the live tool before relying on any figure. On those numbers Arjun's case could outlast his 240 days, the gap premium processing exists to close (his employer's call with counsel). As of 2026-11-01, I-539 premium processing covers only changes to F, J or M status and none exists for the H-4 EAD, so Meera cannot work until her new EAD is approved.

Is there a grace period after your I-94 expires?

Generally, no, and the two 60-day grace periods people mention must be kept apart.

• The worker grace period (8 CFR 214.1(l)(2)) is in effect. It starts when your job ends, not when your I-94 does, and DHS's grace-period proposal describes it as lasting "up to 60 days or until the end of the authorized validity period, whichever is shorter." Laid off three weeks before your I-94 date? Think three weeks, not 60 days (our reading; confirm with your attorney).
• Eliminating it is proposed, not final. RIN 1615-AD22 would remove (l)(2) for E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, TN and dependents. Comments close 2026-11-10 at 11:59 p.m. ET, with about 27,000 filed as of 2026-11-01 (check the docket for the outcome after 2026-11-10). If finalized, only the 10-day window after the validity period would remain, running from the petition's end date, not a layoff; see our explainer on the DHS proposal to end the 60-day grace period.
• The F-1 grace period is a different rule. F-1 students get 60 days after completing a program or OPT, intact because the D/S rule is blocked. No 30-day or 180-day H-1B grace period exists or is proposed.

Unlawful presence basics

Unlawful presence is a count of days that matters mostly when you leave. Per USCIS's unlawful presence page, more than 180 days but less than one year, followed by departure, brings a 3-year bar ("The statutory 3-year period starts when you leave the United States"); one year or more brings a 10-year bar. The same page says people admitted for D/S "generally begin accruing unlawful presence the day after their status ends," and that "aliens under age 18 do not accrue unlawful presence."

Being out of status and accruing unlawful presence are different things, and the timing for a D/S admission is a fact-specific legal question. F-1 students should read our guide to I-94 overstay consequences for F-1 students and take any gap to their DSO, then to an immigration attorney.

Rules and dates that touch your I-94, as of 2026-11

Old rule, status as of 2026-11-01, and what to do differently

Common mistakes

• Reading the visa stamp or the I-797 as your stay. An expired stamp is normal inside the US, and CBP can issue an I-94 shorter than your petition, for example when your passport expires first.
• Mailing on the last day. Timeliness turns on when USCIS receives the package, and a rejected filing does not hold your place.
• Counting a flat 60 days after a layoff. The worker grace period also stops at the end of the validity period, so a near I-94 date shortens it.
• Letting an H-4 spouse work on an expired EAD. Renewals filed on or after 2025-10-30 get no automatic extension, and the 240-day rule does not cover H-4 EADs.
• Traveling while an extension is pending without advice. The 240-day rule does not work from abroad; ask your employer's immigration attorney first.

Frequently asked questions

Where do I find my I-94 expiration date?

Look for the Admit Until Date on your most recent I-94, free on CBP's I-94 website (i94.cbp.dhs.gov) using the passport you entered on. If USCIS extended or changed your status after your last entry, the I-94 at the bottom of that I-797A is your current record. F-1 students admitted for duration of status see D/S instead of a date.

What happens if my I-94 expires while my extension is pending?

If USCIS received a non-frivolous request before the I-94 date, you had kept your status until filing, and you did not work without authorization, USCIS guidance treats you as in a period of authorized stay, so unlawful presence does not accrue while it is pending. H-1B, L-1, O-1, E and TN workers can keep working for the same employer for up to 240 days. A timely request denied for cause starts unlawful presence the day after the denial.

Is there a grace period after my I-94 expires?

Generally no. The 60-day worker grace period starts when a job ends, not when the I-94 does, and lasts up to 60 days or until the end of the authorized validity period, whichever is shorter, which in our reading means it does not run past your I-94 date. As of 2026-11-01 its elimination is only proposed (comments close 2026-11-10). The F-1 60-day grace period is a separate rule tied to finishing a program or OPT.

Can I extend my I-94?

Not through CBP. USCIS grants extensions of stay, through Form I-129 filed by an employer for workers or Form I-539 for dependents such as H-4 and L-2 and visitors such as B-2. USCIS requires the request before the I-94 date and suggests filing at least 45 days ahead. As of 2026-11-01 the I-539 costs $470 on paper or $420 online, and Visa Waiver visitors cannot extend.

Does an F-1 I-94 expire?

Not on a date, if it reads D/S. F-1 status runs while you follow your I-20 and any OPT, plus a 60-day grace period. The final rule that would set fixed end dates has been blocked by a federal court since 2026-09-14, with summary judgment briefed and DHS's appeal pending, so as of 2026-11-01 D/S still applies. If a new F-1 I-94 shows a calendar date, ask your DSO promptly.

Who to ask

Your DSO handles F-1 questions: I-20 extensions, OPT and STEM OPT timing, cap-gap and SEVIS records. A licensed immigration attorney, usually your employer's for H-1B and L-1 families, handles extensions of stay, late filings, unlawful presence and travel while a case is pending. Your own I-94, I-797 and I-20 govern over anything published here.

Sources

• CBP, I-94 website and I-94 instructions
• USCIS, Form I-539 and Extend Your Stay
• USCIS, Unlawful Presence and Inadmissibility and the 2009 unlawful presence guidance (AFM 40.9.2)
• USCIS, Fee schedule G-1055, forms available to file online and processing times
• 8 CFR 214.1 and 274a.12 (LII's copy of 214.1 already shows the blocked D/S rule's amendments, which is not proof that rule is in force; the wording quoted here matches the earlier text)
• Federal Register, Eliminating the Discretionary 60-Day Grace Period (govinfo text)
• Federal Register, Removal of Automatic Extensions for Certain Employment Authorization Documents (govinfo PDF)

How we checked this: we read the USCIS, CBP and regulation pages above, the 2009 USCIS guidance (pages 35-37) and the govinfo.gov text of both Federal Register documents, and rechecked every quote on 2026-11-02; every fee, date and status is as of 2026-11-01.

This is general information, not legal or tax advice; your own documents and your DSO or immigration attorney govern your case.

If you are on OPT or STEM OPT and want a sponsored role lined up well before any of these dates matter, F1Jobs helps international candidates focus their search on employers that sponsor H-1B.