For H-1B holders, the “limbo” period—where your I-94 has expired but your extension hasn’t been approved—is a reality of the current USCIS processing times. The good news is that you can still travel within the U.S. and, in many cases, keep your driver’s license current.
US Domestic Travel with H1B
- 1. Can I Fly Domestically with an Expired I-94?
- 2. Renewing Your Driver’s License with an I-797C
- 3. Domestic Travel FAQ for 2025/2026
- Summary Checklist for H-1B Domestic Travel
1. Can I Fly Domestically with an Expired I-94?
The short answer is Yes.
TSA (Transportation Security Administration) is primarily concerned with your identity, not your immigration status. For a domestic flight in 2025 or 2026, you can use any of the following valid, unexpired documents:
- A Valid Passport: Even if your I-94 is expired, a valid foreign passport is an acceptable form of ID for TSA.
- A Real ID-Compliant Driver’s License: If your license is still valid, it works for all domestic travel.
- The “Safety Net”: While TSA rarely asks for immigration papers for domestic flights, it is always a best practice to carry a copy of your I-797C Receipt Notice. This proves you have a pending application and are in a period of authorized stay.
Important: Do not travel internationally (including Canada or Mexico) while your extension is pending if your current H-1B has already expired. This could be seen as abandoning your petition.
2. Renewing Your Driver’s License with an I-797C
One of the biggest hurdles during an H-1B extension is keeping your Driver’s License (DL) valid. Many states now recognize the 240-Day Rule.
What is the 240-Day Rule?
Under 8 C.F.R. § 274.12(b)(20), if your H-1B extension was timely filed (before your I-94 expired), you are authorized to continue working for your employer for up to 240 days beyond the expiration of your current status.
How to Renew Your DL:
- Present the I-797C Notice: Most DMVs (including those in states like Texas, California, and New Jersey) allow you to renew your license using the Receipt Notice.
- The Extension Period: Typically, the DMV will issue a temporary license or extend your current one for the 240-day period (roughly 8 months) from your original I-94 expiry.
- SAVE Verification: The DMV will run your details through the SAVE (Systematic Alien Verification for Entitlements) system. If your extension is in the system, they will process your renewal even without the final I-797A approval.
3. Domestic Travel FAQ for 2025/2026
Q: Can I travel if my I-94 expires in 2 weeks and I’m still waiting for a decision? A: Yes. As long as you have a valid passport for identification, you can travel domestically. Your pending H-1B extension keeps you in a “period of authorized stay,” meaning you are not in the U.S. illegally.
Q: Should I carry my original I-797C or a copy? A: A high-quality copy or a digital scan is usually sufficient for domestic travel, but some people prefer carrying the original if they are traveling to “high-scrutiny” areas (like cities near the U.S. border).
Q: What if my DL renewal is denied at the DMV? A: DMV clerks aren’t always familiar with the 240-day rule. If you face a rejection, ask to speak to a supervisor or provide a printout of the USCIS regulation regarding the 240-day work and stay authorization.
Summary Checklist for H-1B Domestic Travel
- Passport: Must be unexpired and valid.
- I-797C Receipt Notice: Keep a copy in your carry-on or on your phone.
- Real ID: Ensure your DL hasn’t reached its “Status Expiry” date.
- Employer Contact: Have your immigration attorney’s number handy just in case.