The 240-Day Rule: How to Keep Working While Your H-1B Is Pending
When your H-1B extension is sitting at USCIS and your current status is about to expire, the 240-day rule may be the thing that keeps your paycheck coming. It is a regulatory provision that allows certain nonimmigrant workers to continue employment for up to 240 days past their authorized stay while a timely-filed extension is pending.
The rule exists because USCIS processing times are unpredictable, and it would be unfair to force workers to stop working — or leave the country — simply because the government has not yet adjudicated a properly filed extension. But the protection comes with strict conditions, and misunderstanding them can lead to unlawful presence or an abrupt end to work authorization.
This guide explains exactly what the rule covers, the one condition that makes or breaks it, and where its limits are.
What the 240-day rule is
The 240-day rule, found in the federal regulations at 8 CFR 274a.12(b)(20), allows an employee whose employer has timely filed an extension of stay to continue working for the same employer for up to 240 days after the expiration date on their I-94 — or until USCIS decides the petition, whichever comes first. It applies to H-1B and several other employment-based nonimmigrant categories. The purpose is to bridge the gap created by USCIS processing delays so that a lawfully employed worker is not penalized for the government's timeline.
The key condition: timely filing
Everything hinges on one requirement: the extension petition must be received by USCIS before your current I-94 expires. If the petition is filed even one day after your I-94 expiration, the 240-day rule does not apply at all — there is no partial protection and no grace. This is why the timing of the filing matters more than almost anything else in the renewal process. As long as the petition is timely filed and is for an extension with the same employer (or a change that qualifies), the 240-day clock begins at your I-94 expiration.
What 'timely filed' means
'Timely filed' means USCIS physically received (or, for electronic filings, accepted) the petition on or before the last day of your authorized stay as shown on your I-94 — not the postmark date, not the date you signed it. Because mail and intake delays happen, filing well before expiry (ideally early in the six-month H-1B extension window) is the only safe approach. Keep the receipt notice (Form I-797C); it is your proof that the petition was received and that the 240-day protection is in effect.
What the 240 days covers
During the 240-day period, you may continue working for the same employer that filed the extension, under the same terms, while the petition remains pending. Your employment authorization continues automatically — you do not need a separate document beyond your receipt notice and prior approval. The protection lasts until the earlier of (a) 240 days past your I-94 expiration, or (b) the date USCIS makes a decision. If USCIS approves the extension during this window, you simply continue on your new H-1B validity dates.
What happens if the petition is denied
If USCIS denies the extension during the 240-day period, your work authorization ends immediately on the date of denial — there is no wind-down period. You would also begin accruing unlawful presence from that point if you remain in the U.S. This is the sharpest edge of the rule: you are working on a provisional basis, and a denial ends it instantly. It is another reason to consider premium processing for a faster decision and to respond thoroughly to any Request for Evidence.
Travel implications and what is NOT covered
The 240-day rule covers work authorization inside the U.S. only. It does not authorize international travel and reentry: once your I-94 has expired, leaving the country generally means you cannot reenter until the extension is approved and you have a valid visa stamp. The rule also does not extend to changing employers (a new employer's petition is a different filing), and it does not by itself confer status — you are in a period of authorized stay for work purposes, but not in valid H-1B status until the extension is approved. Dependents in H-4 status have their own considerations and are not automatically covered for employment.
Frequently asked questions
Can I travel internationally while on the 240-day rule?
No. The 240-day rule authorizes continued work inside the U.S. while your extension is pending, but it does not permit reentry after international travel. If you leave the country with an expired I-94, you generally cannot return until your extension is approved and you have a valid visa. Wait for approval — or use premium processing — before traveling.
What if my H-1B petition is denied during the 240-day window?
Your work authorization ends immediately on the denial date, with no grace period, and you begin accruing unlawful presence if you remain. Because of this, premium processing and a complete, well-documented petition are worth the investment to reduce both delay and the risk of a late denial.
Does the 240-day rule apply to H-4 dependents?
The 240-day continued-employment provision applies to the principal worker’s employment authorization. H-4 dependents do not derive work authorization from it. H-4 status and any associated H-4 EAD have their own rules and timelines, so dependents should be evaluated separately.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Immigration law is complex and situation-specific. Always consult a licensed immigration attorney before making decisions about your immigration status.