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)
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:
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:
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.
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:
| Immigration concept | Effect after the I-94 expires |
|---|---|
| H-1B nonimmigrant status | Generally ends on the I-94 expiration date unless extended |
| Continued work authorization | May continue for up to 240 days under a qualifying same-employer extension |
| Period of authorized stay | May continue while a timely, nonfrivolous extension remains pending |
| Unlawful presence | Generally does not accrue during the qualifying pending period |
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.
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)
| Type of filing | General pending-case work rule |
|---|---|
| Same employer continuing existing employment | Up to 240 days after the prior authorized period expires |
| Qualifying change-of-employer petition | H-1B portability may apply until adjudication |
| Qualifying amended petition involving new employment | Portability may apply, depending on the facts |
| Extension filed after the I-94 expired | No automatic 240-day continued work authorization |
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.”
Employers and H-1B workers should begin planning well before the work authorization deadline.
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.
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.
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.
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.
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.
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.