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Period of Stay & I-94
An H-1B employee’s period of stay is determined by the most recently issued I-94. I-94s are issued either by U.S. Customs and Border Protection (CBP) upon entry into the U.S., or by U.S. Citizenship and Immigration Services (USCIS) with an I-797 Approval Notice. The I-94 contains proof of lawful admission to the U.S. (if issued by CBP), evidence of immigration status, and confirmation of the authorized period of stay.
I-94 Issued upon Entry to U.S.
When entering and exiting the U.S., CBP records the arrival and departure of nonimmigrants. Arrival and departure information is collected and kept electronically. Upon arrival to the U.S., CBP issues an electronic I-94 arrival record.
The authorized period of stay, notated as the “Admit Until Date,” will correspond to the passport expiration date if the passport expires before the end date on the I-797 Approval Notice. To extend the stay beyond this date, the employer must file an H-1B extension petition with USCIS before the “Admit Until Date” is reached, or the employee must exit the U.S. before the “Admit until Date” and reenter with a new passport.
Verify I-94 Accuracy Immediately
It is extremely important that the I-94 information is correct. Employees are encouraged to check their I-94 for accuracy – especially the Class of Admission and Admit Until Date – before exiting the International Arrivals area, where CBP can make any necessary corrections.
If any incorrect I-94 information is unable to be corrected before exiting the International Arrivals area, or if you discover incorrect information at a later date, contact ISSS at [email protected].
I-94 Issued with I-797 Approval Notice
When USCIS adjudicates an H-1B petition for someone in the U.S., a new I-94 is included with the I-797 Approval Notice, replacing previously issued I-94s.
Employees are encouraged to check the I-94 included in the I-797 Approval Notice for accuracy. If any I-94 information is incorrect, contact ISSS at [email protected].
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