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Statistics
Annual Caps for H-1B for Fiscal Years: 85,000 visas
- 65,000 visas
- 20,000 visas for the master’s cap*
The master’s cap – individuals with advanced degrees from U.S. institutions.
Topics
What Is the H-1B 240-Day Rule?
H-1B 240-day rule explained: who can keep working, for how long, and when work authorization must stop during a pending extension.
The H-1B 240-Day Rule allows an employee to continue working for the same U.S. employer for up to 240 days after status expiration, as long as the employer timely filed the extension and USCIS has not yet made a decision.
When the 240-Day Rule Applies
An employee may continue working legally while USCIS reviews the extension only if all of the following conditions are met.
- The worker currently has valid H-1B status.
- The same sponsoring U.S. employer files the extension.
- The petition is filed before the current H-1B expiration date.
- The worker continues performing the same employment.
Important Limitations
Only applies to the same employer.
- The 240-day rule does not apply when changing employers.
- Job changes use H-1B portability (AC21) instead.
Travel may complicate the situation.
- If the employee leaves the United States while the extension is pending, it can affect status and re-entry. Review Travel and Re-Entry with an H-1B Visa before travel.
Work authorization must be tracked.
- Employers must monitor the 240-day limit to remain compliant with employment verification rules.
Status vs Work Authorization
These are related, but not the same:
- Status means your legal immigration classification in the United States (for example, H-1B).
- Work authorization means whether you are allowed to work right now.
Under the 240-day rule, a person may have continued work authorization while USCIS decides a timely filed extension, but only within the rule’s limits.
What a Sponsoring U.S. Employer Should Do
When an employee’s work authorization expires, record the extension filing details in the current Form I-9 reverification or annotation area, following current USCIS M-274 guidance and your employer’s internal compliance process.
Reverify the employee’s employment authorization using Supplement B, Reverification and Rehire when USCIS issues a decision, or by the end of the 240-day period, whichever comes first.
For a broader filing timeline, see H-1B Extension and Renewal.
Note: USCIS may update Form I-129 editions and acceptance dates. Before filing, confirm the currently accepted edition date on the USCIS Form I-129 page.
I-9 Compliance: Documents to Keep
I-9 compliance means keeping accurate employment authorization records and updating them on time under U.S. verification rules. For H-1B extensions, document why work continued under the 240-day rule and keep evidence in the employee file.
In the employee’s Form I-9 record, document:
- “240-Day Ext.”
- Date the extension petition was filed with USCIS.
Retain supporting evidence in the employee file:
- Copy of the filed Form I-129 extension petition.
- Proof of filing fee payment.
- Proof of timely filing and delivery/receipt (for example, courier confirmation or USCIS receipt notice).
Update work authorization records when USCIS issues a decision or when the 240-day period ends, whichever comes first.
How Long an Employee Can Continue Working
The employee may continue working until the earliest of the following:
- 240 days after the current H-1B expiration date, or
- USCIS approves or denies the extension petition.
If USCIS approves the petition, employment continues under the new approval period.
What If 240 Days Pass with No Decision?
If USCIS has not issued a decision by the end of the 240-day period, the employee must stop working for that employer at that point.
FAQ
1. Does the 240-day rule apply if I change employers?
No. It applies only to continued work for the same petitioning employer. Employer changes are handled through H-1B portability rules.
2. Can I keep working if USCIS denies the extension before day 240?
No. Work authorization under this rule ends on the denial date.
3. What if USCIS sends an RFE?
An RFE does not automatically end work authorization. Work may continue while the case is pending, up to day 240 or a final decision, whichever comes first.
4. Can I keep working after day 240 if the case is still pending?
No, unless another independent basis for work authorization exists.
Example Timeline
| H-1B Status | Extension | USCIS | The 240-Day Rule |
|---|---|---|---|
| Current H-1B expires: September 30 | Employer files extension: September 15 | USCIS has not yet decided | The employee may continue working until: May 28 of the following year (240 days after Sept 30), or the date USCIS issues a decision, whichever comes first. |
| Current H-1B expires: June 30 | Employer files extension: June 10 | USCIS approves on October 20 | The employee can keep working from July 1 through October 20 under the 240-day rule; after approval, work continues under the new approval period. |
| Current H-1B expires: January 31 | Employer files extension: January 20 | USCIS denies on April 25 | The employee may work from February 1 until April 25. Work authorization ends immediately on the denial date. |
| Current H-1B expires: March 31 | Employer files extension: March 5 | USCIS still pending after November 26 (day 240) | The employee may work only through November 26 (day 240). If no decision is issued by then, work must stop on November 27. |
| Current H-1B expires: August 15 | Employer files extension: August 1 | USCIS issues RFE on November 5, final approval on February 10 | An RFE does not automatically end 240-day work authorization. The employee may continue working while pending, up to day 240 or final decision, whichever comes first. |
Illustrative examples only. Actual timelines and outcomes depend on filing dates, USCIS processing, and case-specific facts.
Sources
For personal case decisions, confirm timing and work authorization strategy with an immigration attorney. Stay focused and proactive.