H-1B Date Mix-Up: Worker Out of Status for 10 Months

H-1B visa I-94 expiry status issue

An H-1B visa worker is facing a serious immigration problem due to a mismatch in official documents. The worker holds an I-797 approval notice that remains valid until June 2027. However, a separate document has created complications regarding their legal status.

The worker’s I-94 form was issued only until July 2025. This date matched the expiry of the H-1B visa stamp in the passport. Because of this difference between documents, the worker’s authorised stay in the United States may have already ended.

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Under US immigration rules, the I-94 document determines a person’s lawful status in the country. Even if the I-797 approval notice has a later validity date, the I-94 expiry is what immigration authorities consider legally binding.

Since the I-94 has already expired, the worker may have unknowingly remained out of status. Reports suggest that the individual may have been working without valid authorisation for nearly ten months. Such situations can lead to serious immigration consequences.

Possible outcomes may include loss of work authorisation, visa complications or even deportation proceedings. Because of these risks, immigration experts usually advise immediate legal consultation when such issues arise.

I-94 truncation is not uncommon in immigration processing. Customs and Border Patrol officers sometimes limit the I-94 validity period to match passport or visa stamp expiry dates during entry into the United States.

In certain cases, Deferred Inspection offices may correct an I-94 record if the truncation was made in error. However, experts warn that fixing the issue becomes more difficult after the record has already expired.

One possible legal remedy is a Nunc Pro Tunc request filed with USCIS. This process asks the agency to forgive a status violation retroactively when the situation was caused by extraordinary circumstances.

Some H-1B applicants claim they have resolved similar issues through specific inspection offices. Locations such as the El Paso Sentri CBP office have been mentioned in such cases, although outcomes can vary.

Given the seriousness of the situation, the worker has been advised to consult an experienced immigration lawyer immediately. Proper legal guidance is essential to determine the best course of action and address the potential status violation.

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