H-1B 240-Day Rule: You May Stay, but Work Must Stop

An H-1B worker with a timely filed, pending same-employer extension must generally stop working after the 240-day employment authorization period ends. However, reaching day 241 does not automatically require the worker to leave the United States.

As of November 2, 2026, the federal regulation governing the H-1B 240-day rule remains in effect. The key distinction is that the rule limits continued employment—not how long a qualifying extension request may remain pending. (ecfr.gov)

What Does the H-1B 240-Day Rule Cover?

The 240-day rule allows certain nonimmigrant workers, including H-1B employees, to continue working for the same employer after their Form I-94 expires while a timely extension-of-stay request is pending.

The continued employment authorization ends when either:

• USCIS decides the extension petition; or
• The 240-day period expires.

If USCIS denies the extension before day 240, employment authorization ends when the worker is notified of the denial. (ecfr.gov)

The rule generally applies when:

1. The employer filed Form I-129 before the worker’s existing authorized stay expired;
2. The worker continues employment with the same employer under the previously authorized conditions;
3. The extension request remains pending; and
4. The worker otherwise complied with the conditions of the prior H-1B authorization.

This is not a new H-1B status period or a general 240-day grace period. It is a temporary continuation of employment authorization connected to a qualifying extension filing.

What Happens After Day 240?

The worker must stop performing employment services after the 240-day period ends unless another independent basis for employment authorization applies.

Continuing to work after that point can constitute unauthorized employment. Employers should therefore calculate the deadline carefully and address their Form I-9 and employment-compliance obligations before day 240 arrives.

The worker may nevertheless generally remain in the United States while a timely, nonfrivolous extension request is pending without accruing unlawful presence for purposes of the applicable unlawful-presence bars. USCIS explains that lawful nonimmigrant status normally ends when the Form I-94 expires, but a qualifying pending extension can place the person in a period of authorized stay. (uscis.gov)

These concepts should not be confused:

A pending petition does not guarantee approval or complete protection from immigration enforcement. If USCIS denies the extension, the worker should promptly review the decision and departure or alternative-status options with qualified immigration counsel.

Does the Rule Apply to H-1B Transfers?

The 240-day limit does not govern every pending H-1B petition.

Eligible H-1B workers may begin new or concurrent employment under the separate H-1B portability provisions after a qualifying, nonfrivolous petition is filed. Portability employment generally continues until USCIS adjudicates the petition rather than ending automatically after 240 days. (ecfr.gov)

Whether a filing qualifies as a straightforward extension, amendment or portability case depends on the petition and employment circumstances. Workers should not rely solely on labels such as “transfer” or “amendment.”

What Should Workers and Employers Do Before Day 240?

Employers and H-1B workers should begin planning well before the work authorization deadline.

• Calculate day 240 accurately. Use the Form I-94 expiration date and confirm the calculation with the employer’s immigration team.
• Monitor the USCIS case. Review case-status updates, requests for evidence and processing-time information.
• Consider premium processing. An employer may request premium processing for an eligible pending H-1B petition by filing Form I-907. Premium processing requires USCIS to take qualifying action within the designated timeframe, but it does not guarantee approval. (uscis.gov)
• Prepare for an employment interruption. Employers should address payroll, Form I-9, wage and employment-law obligations before work authorization expires.
• Review travel or new filings individually. International travel, a new employer petition or a change-of-status request can create additional complications.

Filing an application to change from H-1B to F-1 does not itself restore H-1B work authorization or provide immediate Curricular Practical Training (CPT). Readers considering school should review how an H-1B-to-F-1 change of status works before making enrollment or employment decisions.

Frequently Asked Questions

Can I continue working on day 241 if my H-1B extension is pending?

No, not under the 240-day rule. Unless you have another valid source of employment authorization, you must stop working after the 240-day period expires, even though USCIS has not decided the extension.

Do I have to leave the United States after day 240?

Generally, no. A timely, nonfrivolous extension request may allow you to remain in a period of authorized stay while USCIS considers the petition. However, this is not the same as continuing in valid H-1B status, and individual circumstances can affect the analysis.

Does the H-1B 240-day rule extend my visa or Form I-94?

No. The rule temporarily extends qualifying employment authorization; it does not extend a visa stamp or independently change the expiration date printed on Form I-94.

Can my employer request premium processing after day 240?

Yes, an eligible pending H-1B petition can generally be upgraded to premium processing. However, the worker cannot resume employment merely because Form I-907 was filed. Work can generally resume after USCIS approves the extension or another valid work-authorized basis becomes available.

Is the H-1B 240-day rule the same as the 60-day grace period?

No. The H-1B 60-day grace period generally concerns the period following termination of employment. The 240-day rule concerns continued work with the same employer after a timely extension filing and expiration of the prior authorized stay.

Sources:

• Electronic Code of Federal Regulations — 8 CFR § 274a.12
• Electronic Code of Federal Regulations — 8 CFR § 214.2
• USCIS — How Do I Extend My Nonimmigrant Stay in the United States?
• USCIS — Instructions for Form I-907, Request for Premium Processing Service
• Reddy Neumann Brown PC — H-1B 240-Day Rule: Can You Stay in the U.S. After Day 240?