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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.
TL;DR
- The 240-day rule applies only to a timely filed H-1B extension with the same U.S. employer.
- It is about continued work authorization during a pending extension, not about changing employers.
- Work authorization usually ends at the earliest of: day 240, USCIS approval, or USCIS denial.
- The rule does not apply to H-1B transfers or portability cases.
- Employers need a clean I-9 reverification and recordkeeping process to stay compliant.
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.
Example Timeline
| H-1B Status | Extension | USCIS | The 240-Day Rule |
|---|---|---|---|
| Current H-1B expires: Sep 30 | Employer files extension: Sep 15 | USCIS has not yet decided | The employee may continue working until May 28 of the following year (240 days after Sep 30), or the date USCIS issues a decision, whichever comes first. |
| Current H-1B expires: Jun 30 | Employer files extension: Jun 10 | USCIS approves on Oct 20 | The employee can keep working from Jul 1 through Oct 20 under the 240-day rule; after approval, work continues under the new approval period. |
| Current H-1B expires: Jan 31 | Employer files extension: Jan 20 | USCIS denies on Apr 25 | The employee may work from Feb 1 until Apr 25. Work authorization ends immediately on the denial date. |
| Current H-1B expires: Mar 31 | Employer files extension: Mar 5 | USCIS still pending after Nov 26 (day 240) | The employee may work only through Nov 26 (day 240). If no decision is issued by then, work must stop on Nov 27. |
| Current H-1B expires: Aug 15 | Employer files extension: Aug 1 | USCIS issues RFE on Nov 5, final approval on Feb 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.
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.
240-Day Rule vs H-1B Transfer
| Question | 240-Day Rule | H-1B Transfer / Portability |
|---|---|---|
| Same U.S. employer required? | Yes | No. A new U.S. employer is involved |
| Main use case | Continued work for the same employer during a pending extension | Changing U.S. employers through a qualifying H-1B filing |
| Can the employee keep working while the case is pending? | Potentially yes, within the 240-day rule limits | Potentially yes, depending on portability rules and the case posture |
| What filing is involved? | A timely filed H-1B extension petition | A change-of-employer / portability filing |
| Main risk people confuse | Assuming it covers job changes | Assuming it works like a same-employer extension |
This is the simplest way to separate extension cases from portability/change-of-employer cases.
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.
Employer I-9 Summary
Employer I-9 Summary
- Confirm the extension was filed on time before the current H-1B validity expired.
- Record the extension-filing details in the employee’s Form I-9 record following current USCIS guidance.
- Track the 240-day end date, not just the filing date.
- Reverify when USCIS issues a decision or when the 240-day period ends, whichever comes first.
- Keep supporting evidence in the employee file in case the work-continuation basis needs to be documented later.
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 Ends Work Authorization Immediately?
- USCIS denies the extension petition.
- The employee reaches day 240 with no approval and no independent work-authorization basis.
- The filing is not actually a same-employer extension covered by the rule.
- The extension was not timely filed before the current H-1B validity expired.
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?
2. Can I keep working if USCIS denies the extension before day 240?
3. What if USCIS sends an RFE?
4. Can I keep working after day 240 if the case is still pending?
Sources
For personal case decisions, confirm timing and work authorization strategy with an immigration attorney. Stay focused and proactive.
Disclaimer: This article is for general informational purposes only and is not legal, tax, HR, or business advice. H-1B sponsorship, wage, LCA, public access file, fee, worksite, amendment, and compliance obligations depend on the employer’s facts and current agency rules. Employers should verify the latest USCIS and Department of Labor guidance and consult a qualified immigration attorney before filing or taking compliance action.