Key Questions/Topics/Keywords:
- What does "Duration of Status" (D/S) mean on an I-94?
- How is a visa different from an I-94 record?
- Does visa expiration mean I must leave the U.S.?
- What controls how long I can stay in the U.S.-the visa or the I-94?
- How does "Duration of Status" apply to F-1, J-1, or other visa holders?
- What happens if my I-94 expires before my visa?
- Can I stay in the U.S. with an expired visa but valid I-94?
- What are the risks of overstaying the I-94 date?
- How can I check my I-94 status online?
- What should I do if my I-94 or visa date is incorrect?
1. General Overview
Navigating U.S. immigration terminology can be confusing, especially when multiple documents govern different aspects of your legal presence in the United States. Three critical concepts that every nonimmigrant visa holder must understand are visa validity, I-94 arrival/departure records, and duration of status (D/S). While these terms are often used interchangeably in casual conversation, they serve distinct purposes and have different legal implications.
Misunderstanding these distinctions can lead to serious consequences, including overstaying your authorized period of admission, falling out of status, or facing bars to future entry to the United States. This guide will clarify each term, explain how they interact, and provide practical guidance for maintaining lawful status throughout your stay in the U.S.
2. Defining Each Term
A. Visa Validity
- A visa is a travel document placed in your passport by a U.S. consulate abroad. The sticker itself is called a "visa seal" or "visa foil."
- It allows you to request entry to the U.S. for a specific purpose and period.
- Visa validity refers to the timeframe during which you can present yourself at a port of entry, not how long you can stay in the U.S. Some nonimmigrant visas may be valid for up to ten years (or for multiple entries during that period), but that validity period only refers to when you can use the visa to enter the U.S. - it does not mean you can stay in the U.S. for the entire period.
- Example: You can hold a 10-year B-1/B-2 visa but be admitted for only 6 months per trip.
- Applies to: All nonimmigrant visa categories (e.g., F-1, J-1, M-1, H-1B, B-1/B-2).
Think of your visa as a travel ticket that allows you to approach the U.S. border and request permission to enter. The visa validity dates-printed on the visa itself-indicate the window during which you can use that ticket. Once the visa expires, your ticket expires, and you cannot use it to request entry, unless automatic revalidation applies in limited cases (e.g., brief trips to contiguous territories).
It's crucial to note that a valid visa does not guarantee entry. At the port of entry, a Customs and Border Protection (CBP) officer will determine whether to admit you and, if so, for how long. The visa merely gives you the ability to make that request.
B. I-94 Arrival/Departure Record
The Form I-94 is the official record of your arrival and departure from the United States. It is issued by CBP when you enter the country at a port of entry (airport, land border crossing, or seaport).
The I-94 record contains critical information including:
- Your name and passport information
- Your class of admission (the visa category under which you were admitted, such as F-1, H-1B, or B-2)
- Your admission date
- Your "Admit Until" date (or the notation 'D/S', if applicable). For a dated I-94, the Admit Until date is the last day you may remain in the U.S. in that admission period unless you timely file for an extension or change of status.
Nowadays, most I-94 records are issued electronically rather than as paper cards. You can access your I-94 record at www.cbp.gov/I94. The "Admit Until" date on your I-94 is what legally controls how long you may remain in the United States, regardless of your visa's validity period.
Key point: Your I-94 governs your authorized stay. Even if your visa is valid for ten years, if your I-94 says you're admitted until a specific date six months from now, you must depart. If you do not plan to depart by the expiration of the I-94, you must take appropriate action to extend or change your status with sufficient time before the expiration date.
C. Duration of Status (D/S)
Duration of Status (D/S) is a special admission category that applies to certain visa holders, primarily students and exchange visitors. Instead of receiving a specific expiration date on their I-94, individuals admitted in D/S are authorized to remain in the United States for as long as they maintain their status under their program requirements.
D/S applies to:
- F-1 visa holders (academic students)
- J-1 visa holders (exchange visitors)
- M-1 visa holders (vocational students)
- I visa holders (foreign media representatives)
When you're admitted in D/S, your I-94 will show "D/S" rather than a specific date in the "Admit Until" field. This means your authorized stay is tied to your program completion date plus any authorized grace periods, rather than to a fixed calendar date.
For F-1 students, D/S means you're authorized to stay through:
- The completion of your academic program (as indicated on your Form I-20)
- Any authorized practical training period (OPT/CPT)
- Plus a 60-day grace period after program completion - provided you maintain F-1 status during that time. (Note: if you transfer schools, take a leave of absence, or drop below full-time enrollment without authorization, you may lose D/S.)
For J-1 exchange visitors, D/S covers:
- The program dates on your DS-2019
- Plus a 30-day grace period after the program end- again, provided you maintain your J-1 status (including any employment/academic conditions).
Important: D/S does not mean indefinite status. You must still comply with all program requirements, maintain full-time enrollment (for students), and not engage in unauthorized activities. Failure to maintain these requirements means you've violated your status, even though your I-94 says "D/S." Think of "D/S" as "for the duration of your valid status in the program."
3. Key Differences Between Visa Validity, I-94, and Duration of Status
| Term | Who It Applies To | Controls/Impacts | Key Takeaway |
| Visa Validity | All nonimmigrant visa holders | Entry | Determines when you can enter the U.S. |
| I-94 Expiration | All nonimmigrant visa holders | Stay | Controls how long you can legally remain in the U.S. |
| Duration of Status (D/S) | F-1, J-1, M-1, I visas | Stay (while maintaining status) | Stay is authorized as long as you maintain valid program status. |
4. Practical Scenarios
Scenario 1: Expired Visa but Valid I-94
Manuela is an H-1B worker whose visa stamp expired while she was working in the United States. Her I-94 "Admit Until" date is still three months away. Can she continue working?
Answer: Yes. Manuela can continue working legally because her I-94 controls her authorized stay, provided her underlying H-1B petition remains valid. However, if she travels outside the U.S., she will generally need to obtain a new visa foil at a U.S. consulate before she can re-enter, unless automatic revalidation applies. Once she returns to the U.S. with a new visa foil, she will receive a new I-94.
Scenario 2: Valid Visa but Expired I-94
Ahmed has a 5-year L-1 visa that's still valid, but his I-94 expired last month. Can he remain in the U.S.?
Answer: No. Ahmed is now out of status and accruing unlawful presence, regardless of his valid visa. He should have filed for an extension of stay by the time his I-94 expired. He must depart the United States immediately to avoid further immigration consequences.
Scenario 3: F-1 Student with D/S
Asha is an F-1 student whose I-94 shows "D/S." She last entered the U.S. in August 2023 and while she was in the U.S., her visa expired in September 2024. Her I-20 shows a program end date of May 2026. She wants to travel home for winter break in December 2025. What does she need?
Answer: Asha is in valid status because her program hasn't ended (her I-20 is current). However, to re-enter the U.S. after traveling, she needs:
- A valid visa foil (she must apply for a new F-1 visa at a consulate)
- A valid I-20 with a travel signature from her designated school official (DSO) issued within the last 6 months
- Proof of continued enrollment and financial support
Scenario 4: Change of Status Approval
David entered on a B-2 tourist visa with an I-94 valid until June 2025. In March 2025, his employer filed an H-1B petition, which was approved for a start date of October 2025 with a new I-94 valid until October 2028. What should he know?
Answer: David's I-94 is automatically extended through the start date of his H-1B (October 2025) because his petition was filed before his B-2 status expired. Once October arrives, his new I-94 date becomes controlling (sent by USCIS), and he can begin H-1B employment. His original B-2 I-94 date of June 2025 is no longer relevant.
5. How to Check and Correct I-94 Information
Checking Your I-94
To access your electronic I-94 record:
- Visit www.cbp.gov/I94
- Click "Get Most Recent I-94"
- Enter your name, birth date, and passport information exactly as they appear on your passport
- Review your admission information carefully
What to Verify
Check for accuracy in:
- Name spelling (must match your passport exactly)
- Passport number
- Date of birth
- Class of admission (visa category, e.g., F-1, H-1B, B-2)
- Admit Until date or D/S notation
- Admission date
Correcting Errors
If you find an error on your I-94, you should correct it as soon as possible.
Errors discovered after leaving the port of entry:
- Within a reasonable timeframe (typically 10-30 days): Return to the port of entry where you were admitted or visit a local CBP Deferred Inspection Site with your passport, visa, and any relevant supporting documents
- After an extended period: You may need to file Form I-102 (Application for Replacement/Initial Nonimmigrant Arrival-Departure Document) with USCIS, including a filing fee
For errors in class of admission: If you were admitted in the wrong visa category (e.g., admitted as B-2 when you should have been admitted as H-1B with an approved petition), contact CBP immediately. This may require filing for a change of status or departure and re-entry.
Document Everything
Keep records of:
- Screenshots or printouts of your I-94 after each entry
- Any correspondence with CBP regarding corrections
- Supporting documents that prove the correct information
6. Common Mistakes to Avoid
Mistake 1: Confusing visa validity with authorized stay
Many travelers assume that because their visa is valid for 10 years, they can stay in the U.S. for 10 years. Your I-94 admission period controls your stay, not your visa validity dates.
Mistake 2: Failing to check your I-94 after entry
Always verify your I-94 within a few days of arrival. CBP officers occasionally make data entry errors that could affect your status.
Mistake 3: Overstaying your I-94 by even one day
Overstaying your I-94-even by a single day-can put you out of status and may trigger an accrual of unlawful presence, which in turn may lead to your visa being voided, bars to returning to the U.S., and difficulties obtaining future visas. If you've overstayed by more than 180 days but less than 1 year, you may face a 3-year bar; 1 year or more triggers a 10-year bar (per INA § 212(a)(9)(B)).
Mistake 4: Assuming D/S means you never have to worry about status
Students and exchange visitors sometimes believe D/S gives them unlimited time. You must still maintain full-time enrollment, follow program rules, and complete your program within the timeframe on your I-20 or DS-2019.
Mistake 5: Traveling without proper documentation
Don't travel internationally without ensuring you have a valid visa for re-entry (unless you qualify for automatic revalidation). Many individuals have been stranded abroad because they didn't realize their visa had expired.
Mistake 6: Working without authorization
Your visa category and I-94 class of admission determine your work authorization. Working without authorization-even volunteering-can violate your status and have serious consequences.
Mistake 7: Not filing for extensions in time
While timing varies depending on your visa category and petition type, it is generally advisable to file for an extension of stay or change of status well before the Admit Until date on your I-94 (for example several weeks in advance). Filing last-minute increases the risk of gaps in status or denial. Be sure to check the filing instructions specific to your visa classification.
Mistake 8: Ignoring SEVIS compliance (for F-1/J-1 holders)
For students and exchange visitors, maintaining D/S requires ongoing compliance with SEVIS regulations, including reporting address changes, maintaining full-time enrollment, and getting proper authorization for employment or program changes.
7. Tips for Maintaining Status
- Always verify your I-94 date and class of admission after each entry.
- Keep copies of your I-94, I-797 approvals, SEVIS records, and any USCIS filings.
- File extensions or changes of status before your I-94 expires.
- Ensure your visa is valid before international travel.
- Consult an immigration attorney before traveling during status changes or pending cases.
Additional tips:
- Set calendar reminders at least 90 days before your I-94 expiration to begin preparing extension applications
- Maintain a physical and digital immigration file with all documents organized chronologically
- If you're on D/S, stay in regular contact with your designated school official (DSO) or responsible officer (RO)
- Never engage in unauthorized employment, including unpaid work that would normally be compensated
- Report any changes in address to USCIS within 10 days (if required for your visa category)
- Keep evidence of your maintained status: enrollment verification, pay stubs, tax returns, etc.
8. Documentation Checklist
Keep the following documents organized and accessible:
- Valid passport (for U.S. travel it is generally advisable to have at least six months of validity remaining, though actual requirements depend on airlines and destination).
- Visa copy (biographical and visa pages)
- I-94 Arrival/Departure record
- USCIS approval notices (Form I-797)
- SEVIS documents (Form I-20 for F-1, DS-2019 for J-1)
- Travel history and previous I-94s for extensions or adjustments
Additional recommended documents:
- Employment authorization documents (EAD card, if applicable)
- Copies of filed tax returns
- Proof of maintained status (transcripts, pay stubs, program completion certificates)
- Correspondence with USCIS, CBP, or your sponsoring institution
- Photos of you entering/exiting the U.S. with date stamps (can help establish travel history)
- Travel itineraries and boarding passes
- Change of status or extension receipts and approval notices
9. Common FAQs
Q: My visa expires next month, but my I-94 is valid for another year. Do I need to leave the U.S.?
A: No. Your I-94 controls how long you can stay in the U.S. You can remain legally until your I-94 expiration date. However, if you travel outside the U.S., you'll need to obtain a new visa foil before you can re-enter.
Q: What happens if I overstay my I-94 by a few days?
A: Any overstay-even one day-can put you out of status and may accrue unlawful presence, potentially causing your visa to be voided or revoked and creating problems for future travel. Overstays of more than 180 days but less than 1 year trigger a 3-year bar to re-entry; 1 year or more trigger a 10-year bar. If you realize you've overstayed, consult an immigration attorney immediately to assess options like nunc pro tunc filings in limited cases.
Q: I'm on F-1 status with D/S. When does my status actually expire?
A: Your F-1 status continues through your program completion date (on your I-20) plus 60 days, or until you violate your status requirements, e.g. dropping/attending below full-time enrollment or engaging in unauthorized work. If you're approved for OPT, your status extends through your OPT period plus 60 days.
Q: My I-94 shows the wrong date. What should I do?
A: If you notice the error while still at the port of entry, ask the CBP officer right away to correct it. If you've already left the port but remain in the U.S., you may contact the CBP Deferred Inspection Site associated with your port of entry as soon as possible (ideally within a few days). In some cases, you may need to file Form I-102 (Application for Replacement/Initial Nonimmigrant Arrival-Departure Record) with USCIS to correct major errors. If so, consider consulting an attorney. Errors left uncorrected can affect your status or future travel.
Q: Do I need a valid visa to stay in the U.S.?
A: No. Once you're admitted to the U.S., your visa has served its purpose (allowing you to request entry). Your I-94 governs your authorized stay. Your visa only needs to be valid if you plan to travel outside the U.S. and return.
Q: Can I travel while my extension of status is pending?
A: Generally, leaving the U.S. while a change or extension of status is pending will cause the application to be automatically abandoned. There are limited exceptions (such as advance parole for certain applications). Consult an attorney before traveling in this situation.
Q: I'm on an H-1B. My employer filed for an extension before my I-94 expired, but I haven't received approval yet. Can I keep working?
A: In many H-1B cases, if the extension petition was timely filed before your current I-94 expires and you remain with the same employer under a non-material change, you may continue working for up to 240 days beyond the original validity period while the petition is pending. However, this rule has multiple conditions - check the form instructions and USCIS guidance regarding your specific case.
10. Conclusion
By carefully monitoring I-94 dates, maintaining proper documentation, and seeking professional guidance when needed, visa holders can support their immigration status and avoid potential mistakes. Remember: when in doubt, consult with a qualified immigration attorney who can review specific circumstances and provide tailored advice. Immigration law is complex and professional guidance can assist in navigating unique situations.
