What Is the H-1B 240-Day Rule and When Does It Apply?
TL;DR: The 240-day rule lets an H-1B worker keep working for up to 240 days past their I-94 expiration date if their employer filed a timely extension of stay petition before that expiration and the case is still pending with USCIS. If USCIS denies the extension before the 240 days are up, work authorization ends immediately upon notice of the denial.
Claim
Long H-1B extension processing times mean many workers cross their official status expiration date while still legally authorized to work — a fact that surprises both employees and their HR departments if they haven't heard of the 240-day rule.
Evidence
USCIS's Handbook for Employers (M-274), Section 7.7, states that an employee "authorized to continue working for up to 240 days" applies when the extension of stay petition was filed before the expiration date shown on the current I-94, and the underlying nonimmigrant classification allows this rule under 8 CFR 274a.12(b)(20). Multiple 2026 legal explainers confirm this applies to H-1B extensions filed by the same employer for the same beneficiary. If the extension is denied while the 240-day period is still running, employment authorization "automatically terminate[s] upon notification of the denial decision," per the regulation — not at the end of the 240 days.
Comparison Table: What Counts and What Doesn't
| Scenario | 240-day rule applies? |
|---|---|
| Same employer files a timely extension of stay before I-94 expires | Yes |
| Extension is filed late (after I-94 expiration) | No |
| Change of employer (new employer's first petition) with request for extension of status | Generally yes, if timely filed and beneficiary was in valid status |
| Petition is denied while still within the 240-day window | Work authorization ends immediately on the denial notice, not at day 240 |
| International travel while relying on 240-day rule | Generally not advisable — reentry typically requires a valid, unexpired H-1B visa stamp and approved petition |
Step-by-Step: Confirming You're Covered
- Check your I-94 expiration date against the date your employer's extension petition was filed (receipt date on Form I-797C).
- Confirm the petition was filed before, not after, the I-94 expiration. Late filings do not qualify for the 240-day rule.
- Keep your I-797C receipt notice accessible for Form I-9 reverification purposes — it's the documentary evidence of timely filing.
- Monitor your case status. If a denial is issued, your work authorization ends immediately, regardless of how many of the 240 days remain.
- Avoid international travel while relying solely on the 240-day rule unless you have specific guidance from counsel, since reentry generally requires an unexpired visa stamp tied to an approved petition.
FAQ
Does the 240-day rule apply to a first-time H-1B cap-subject petition? No. It applies to extensions of stay for someone already in a covered nonimmigrant status, not to an initial change of status into H-1B.
What happens if my extension is still pending after 240 days? Regulatory guidance describes 240 days as the maximum automatic extension; if the case is still pending after that, you should get updated guidance from your employer's immigration counsel about your specific status.
Can I travel internationally while working under the 240-day rule? Generally this is risky — reentry to the US typically requires a valid H-1B visa stamp and evidence of an approved (not just pending) petition, so most attorneys advise against travel until the extension is approved.
By Pinal Dave
Last updated: 2026-08-06