Someone on your client's compliance team asks for proof of work authorization. You hand over your visa stamp. They want the I-94. Your attorney says the I-797 is what actually matters. Three documents, three different answers about the same question: are you authorized to be here, and until when?
This confusion causes real problems: badge access gets suspended, I-9 reverification gets botched, consultants get told they are out of status when they are not. The good news is the rule is simple once you see it. Each document does one job. None of them do the others' job.
This is general information, not legal advice. Dates, categories, and edge cases vary, so confirm your specific situation with a licensed immigration attorney before you act on anything below.
What Each Document Actually Does
These three documents are not interchangeable copies of the same information. They are issued by different agencies, at different moments, for different purposes.
| Document | Issued by | What it proves | What it does NOT do |
|---|---|---|---|
| Visa stamp (foil in passport) | US Department of State, at a consulate abroad | Permission to travel to a US port of entry and request admission | Does not set your status or how long you can stay. Can expire while you are legally in valid status inside the US. |
| I-94 (Arrival/Departure Record) | US Customs and Border Protection, at the port of entry or land border | Your actual admitted status (e.g., H-1B, L-1, TN, E-3) and your authorized period of admission | Does not reflect petition extensions or amendments filed after entry unless CBP updates it on a later trip. |
| I-797 Notice of Action (Approval Notice) | USCIS, after approving a petition such as Form I-129 | That your employer's petition was approved, and the validity dates USCIS approved it for | Does not by itself admit you into the US or set your I-94 dates if you are already in the country without a new entry. |
The short version: the visa gets you to the border. The I-94 is what the border officer actually grants you. The I-797 is proof your employer's case was approved, which CBP relies on to decide what to put on your I-94 at your next entry.
Where Each One Gets Checked
- Visa stamp: checked at the consulate when issued, and again by the airline and CBP officer at your port of entry. Once you are admitted, the visa's remaining validity is irrelevant to your ability to stay and work inside the US.
- I-94: this is what controls your authorized period of stay and underlying status while you are in the country. It is the document USCIS, CBP, and most compliance teams treat as authoritative for your current status date.
- I-797: used for Form I-9 reverification, for H-4 or L-2 dependent filings, for PERM and I-140 timeline tracking, and as the paper trail your attorney uses to request an updated I-94 or a new visa stamp.
For Form I-9 purposes, an H-1B worker typically presents the I-797 approval notice alongside the I-94 as List C/A evidence, depending on the specific scenario. HR and staffing compliance teams are trained to want both documents together, not either one alone.
How to Pull Your Electronic I-94 Record
For almost all air and sea arrivals, CBP no longer stamps a paper I-94 card into your passport. Instead it creates an electronic record. This electronic I-94 is the authoritative admission record for those arrivals, superior to anything written in your passport by hand.
- Go to the official CBP I-94 retrieval site (currently i94.cbp.dhs.gov) — verify the current URL on cbp.gov if it has changed.
- Enter your biographic information and passport number exactly as it appears in your travel document.
- Pull your most recent admission record. It will show your class of admission (H-1B, L-1, TN, E-3, etc.) and your "Admit Until Date."
- Save a PDF copy for your records every time you re-enter the US. Dates can differ trip to trip, especially after a petition amendment or extension.
- If you entered by land border, you may still have been issued a paper I-94 card. That paper record controls for that entry, not the electronic system.
Pull this record after every international trip, not just once a year. It takes two minutes and it is the single fastest way to confirm your actual admitted status.
When the Dates Disagree
This is the scenario that causes panic, and it happens more often than people expect.
Say your I-797 approval notice shows a petition valid through next October, but your I-94 record shows an admit-until date six months earlier. Which one controls?
The I-94 controls your current authorized stay inside the United States. The I-797 shows what USCIS approved the petition for, but CBP sets your actual admission period at the border, and that period can be shorter than the petition validity if, for example, your passport expires sooner, or CBP admitted you for a shorter period for another reason.
Common mismatch scenarios:
- Extension filed, I-94 not yet updated: if your attorney filed a timely extension before your prior I-94 expired, you may have continued work authorization under 240-day rules while the extension is pending, even though your I-94 shows an earlier date. Confirm this with your attorney; it depends on your specific filing.
- Amendment approved, no new entry yet: an amended I-797 does not automatically update your I-94 unless you leave and re-enter, or unless the amendment was tied to a change of status processed without travel.
- Visa stamp expired, I-94 still valid: this is fine. You can continue working and stay in status inside the US. You only need a valid visa stamp to re-enter after traveling abroad.
- I-94 printed with an obvious CBP data-entry error: this should be corrected through CBP's deferred inspection process, not ignored.
Quick Reference Checklist
- Confirm your current status date using your electronic I-94, not your visa stamp.
- Keep your most recent I-797 approval notice accessible for I-9 reverification and HR requests.
- Re-pull your I-94 after every entry, and immediately after any H-1B transfer, extension, or amendment involving travel.
- Never assume an expired visa stamp means you are out of status domestically.
- Flag any I-94 and I-797 date mismatch to your attorney before it becomes an I-9 or client compliance problem.
If you are mid-transfer, mid-extension, or staring at an I-94 that does not match your approval notice, the Josh Pros LLC team can help you think through the practical, staffing-side pieces of the puzzle. Reach us at contact@joshpros.com or visit https://joshpros.com.
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This is general information, not legal advice. Immigration rules change and outcomes depend on your individual circumstances. Confirm anything that affects your case with a licensed immigration attorney.
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