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I-94 on passport expires Feb 2013 along with passport. I-94 on I797 expires only Dec 2015. Would I be out of status after Feb?

Utica, MI |

My I-94 on passport expires this Feb when my passport expires. I am on H1B visa and I recently switched my company. The new I94 on the I797 filed by my new employer is valid until Dec 2015. So Would I fall out of status after my old I94 (on passport) expires ? Can I still legally stay in the US since the new I94 is valid?

Attorney Answers 2


  1. No. The new I94 controls the period of validity. If the new one is valid until Dec 2015, that would be the date.

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104


  2. The new I-94 controls.

    The information offered is general in nature and not meant to be relied upon as legal advice. Please consult an attorney prior to making legal decisions. Visit us at www.tunitskylaw.com. Contact us at 713.335.5505 or email at veronica@tunitskylaw.com. Veronica Tunitsky offers in-person, as well as telephone and email consultations.

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