What is the H-1B 240-day rule?

The 240-day rule under 8 CFR 274a.12(b)(20) allows H-1B workers to continue working for the same employer for up to 240 days after their H-1B status expires, as long as their employer filed a timely extension before the expiration date.

Can I change employers during the 240-day period?

No. The 240-day rule only allows continued work with the SAME employer who filed the extension. If you change employers, you need to wait for a new H-1B transfer approval (or use portability if applicable).

What happens if my H-1B extension is denied after the 240 days?

If the extension is denied and you worked beyond your authorized period, you may have accrued unlawful presence. You should immediately consult an immigration attorney and assess your options.

What does 'timely filed' mean for the 240-day rule?

Timely filed means the I-129 extension petition was submitted to USCIS before the current H-1B status expiration date. A late filing does not qualify for the 240-day rule.

Does my visa stamp need to be valid during the 240-day period?

No. The 240-day work authorization is based on the timely-filed petition, not the visa stamp. An expired visa stamp alone does not affect your ability to work domestically. However, you cannot travel internationally and re-enter on an expired stamp.

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H-1B EXTENSION

H-1B 240-Day Rule: Work While Extension Pending (2026)

Your H-1B extension is pending at USCIS and your current status is about to expire — or already has. The 240-day rule may let you keep working. Here's how it works, and the critical conditions that must be met.

By Sumit Patel•May 6, 2026•14 min read

What Exactly Does the 240-Day Rule Allow?

Under 8 CFR 274a.12(b)(20), an alien who has filed a timely, non-frivolous extension of stay or change of status is authorized to continue employment with the same employer for up to 240 days from the expiration of their authorized period of stay.

Condition	Requirement
Petition must be timely	I-129 extension filed BEFORE current H-1B expires
Same employer only	240-day work auth applies only to petitioning employer
Non-frivolous petition	Must be a legitimate extension, not clearly without merit
USCIS still adjudicating	If USCIS issues a denial, 240-day work auth ends immediately
Maximum 240 days	Work auth expires either at 240 days or USCIS decision, whichever is first
No international travel	You can work, but cannot travel outside US and reenter on expired status

How Does I-9 Compliance Work During the 240-Day Period?

Employers must properly re-verify Form I-9 when an H-1B worker's status expires. During the 240-day cap gap, the employee presents:

The receipt notice (I-797C) from USCIS confirming the timely-filed extension
A copy of the prior H-1B approval (showing expiration date)

The employer records this on Section 2/3 of I-9 and notes that the employee is working under the 240-day rule. When the USCIS approval arrives, the employer reverifies with the new I-797 approval notice and updates I-9 with the new expiration date.

What Happens at the Different Stages?

Extension Pending — Before H-1B Expires

Working normally under approved H-1B. No action needed as long as filing is complete.

H-1B Expires — Extension Still Pending (Day 0)

240-day clock starts. Continue working for same employer only. Update I-9 with receipt notice.

USCIS Approves (Day 1–240)

New I-797 issued. Extension granted. 240-day period ends. Normal H-1B status resumes. Update I-9 with new approval.

USCIS Denies (Day 1–240)

Work authorization ends immediately on denial date. Employee must stop work. Options: appeal, motion to reopen, find new sponsor, or depart.

Day 240 — USCIS Still Pending

Work authorization lapses. Employee cannot continue working. USCIS will eventually decide but employee is in violation if continuing to work.

What About Premium Processing During the 240-Day Period?

If you're in the 240-day window, filing for premium processing (Form I-907, $2,805 fee) is strongly recommended if the employer hasn't already. Premium processing guarantees a decision within 15 business days, eliminating most of the 240-day risk. Most cases in premium processing are resolved well within 30 days.

Frequently Asked Questions

Authority Sources

Sumit Patel

Immigration Career Strategist · h1bvisajobs.com

Sumit covers US work visa strategies, immigration pathways, and career navigation for foreign professionals. His guides help H-1B workers and employers navigate complex status gaps.