The date on the I-797 form is earlier than that on the I-94 card. Which one takes precedence?

Asked about 2 years ago - Bethesda, MD

My employer applied for a transfer of my H-1B status, and it was granted until date X. However, my visa stamp has a date Y that is later than the date on the I-797 (i.e., X < Y). Date X is approaching and my employer wants to extend it.

Now, the last time I entered the country (recently), the officer put on the I-94 card the date Y as the status expiration date. He didn't even ask for the I-797 form.

My understanding is that I still have to apply for an extension of the H-1B, given it was only granted until date X. I will return the I-94 card the next time I leave the country, and if I try to enter back, I cannot use the I-94 card as proof that my status has not expired (since I will no longer have it)

Attorney answers (3)

  1. 5

    Lawyers agree

    Answered . It is always the expiration date on your I-94 card or on a later USCIS issued I-797 which governs, never the visa stamp received at the consulate.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  2. 4

    Lawyers agree

    Answered . I agree.

  3. 2

    Lawyers agree

    Answered . The date on the I-94 controls.

    (626) 771-1078 Los Angeles Attorney Theodore Huang, Esq. This is not legal advice. No attorney/client... more

Related Topics


If you want to visit or move permanently to the US, you'll want to learn about your different immigration options.

H-1B speciality occupation visa

If you have special skills and the right experience, you might be eligible for a H-1B visa if there is a shortage of qualified workers.

Sweta Khandelwal

H-1B Cap 2016

This video shall explain everything that one needs to know about H-1B visas and the H-1B Cap. H-1B Visas are visas that are available for positions that are referred to "Specialty... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

37,549 answers this week

3,925 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

37,549 answers this week

3,925 attorneys answering