The Difference Between a Visa and Status
Over the last several years many foreign nationals who are in the United States legally have often used the words "visa" and "status" interchangeably. In too many cases this has led to disastrous results for those people.
Anyone who wants to enter the United States will have to go through an inspection by an immigration officer at the border prior to entry. The officer will normally issue an I-94 card that allows the foreign national to enter the U.S. for a specific purpose and for a specific duration of time. The above falls into the concept of "status." For example, a British citizen who flies to the U.S. for a vacation will go through an inspection at the airport and an I-94 card will be placed in his passport. The I-94 card is usually valid for six months and allows the British citizen to hold the status of a tourist for six months while in the United States.
A person admitted in one status may seek a change of status into a new classification (such as from F-1 to H-1B). Also, the duration of a person's stay may be extended by Immigration Services.
A "visa" on the other hand, is a document that allows a person to come to a port of entry and apply for admission into the United States. A visa allows for a person to apply to enter the U.S.; it does not provide a person with "status." A person applies for a visa at a U.S. consulate in his or her home country. However, issuance of a visa does not guarantee a person's admission into the United States.
If a citizen of India wishes to visit family members in the U.S. she will apply for a tourist visa at a U.S. Consulate in India. If the application is approved, the U.S. Consulate will usually issue a tourist visa that is valid for ten years. Therefore, the Indian citizen now possesses a visa. However, at the port of entry she will go through inspection and will be issued an I-94 card that is usually valid for six months. This means that although this person has a valid ten-year tourist visa, she is only authorized to have status as a tourist for six months.
As shown above, a visa is only for the purpose of admission into the United States, not for the purpose of remaining in the United States. To remain in the United States, a person must have status, which is evidenced by the validity dates of the I-94 card. If a person remains in the U.S. past the expiration date of the I-94 card they no longer have legal status in the U.S. even if their visa has not yet expired.
Finally, a non-immigrant visa holder violates his or her status in the United States if the person:
remains beyond the expiration date of the status granted;engages in employment without specific authorization; or
engages in an activity that is not consistent with the status in which the person was admitted.
A person in this situation must immediately attempt to regain status to avoid removal from the U.S. and to prevent other serious immigration consequences.