TL;DR: The H-1B 240-day rule lets you keep working for the same employer for up to 240 days after your I-94 expires, as long as the employer filed your H-1B extension (Form I-129) before that I-94 date. It comes from 8 CFR 274a.12(b)(20). The clock starts on the I-94 expiration date, not the filing date. It ends early if USCIS denies the petition. On Form I-9, HR writes “240-Day Ext.” plus the filing date, then reverifies when the decision arrives or when the 240 days run out, whichever comes first.
Every few months a candidate sends me the same panicked message: “My I-94 expires Friday. The extension was filed, but there is no approval yet. Do I have to stop working on Monday?” In most cases the answer is no, and the reason is the H-1B 240-day rule. But “most cases” is doing real work in that sentence. The rule has three conditions, and if any one of them fails, you are not covered. This guide walks through those conditions, how HR documents them on Form I-9, and the situations where the rule does not help you at all.
I am a recruiter, not an immigration attorney. Everything below is drawn from the regulation and USCIS’s own employer handbook, linked at the end. For your specific case, your employer’s immigration counsel is the person who signs off.
What the H-1B 240-day rule actually says
The rule lives in 8 CFR 274a.12(b)(20). In plain English, it says that certain nonimmigrant workers whose authorized stay has expired, but whose employer timely filed an extension of stay, are authorized to continue employment with the same employer for a period not to exceed 240 days, beginning on the date the authorized stay expired. That authorization is subject to the same conditions and limits as the original approval, and it ends automatically if USCIS notifies the employer that the extension was denied.
USCIS repeats this in the employer handbook (M-274) section on H-1B specialty occupations: if the employer timely files Form I-129 to extend H-1B status, the worker can keep working for up to 240 days while USCIS processes the petition, or until USCIS makes a decision, whichever comes first.
The three conditions you need to check
| Condition | What it means in practice | Where it comes from |
|---|---|---|
| Timely filed | The I-129 extension was filed before your current I-94 “Admit Until” date | 8 CFR 274a.12(b)(20); 8 CFR 214.1(c)(4) |
| Same employer | You keep working for the employer that filed the extension | 8 CFR 274a.12(b)(20) |
| Same conditions | Same job and terms as the approval you are extending | 8 CFR 274a.12(b)(20) (“subject to any conditions and limitations”) |
1. The extension was filed on time
“Timely” means the employer filed before your authorized stay ended. Your authorized stay is the date on your I-94 record, which is not always the same as the end date on your old I-797 approval notice. If you are not sure which date applies to you, pull your most recent I-94 from the CBP website and compare. The regulation at 8 CFR 214.1(c)(4) gives USCIS discretion to excuse a late filing only in narrow cases, such as extraordinary circumstances beyond your or the employer’s control. Do not build a plan around that exception.
2. You stay with the same employer
The 240 days protect continued work for the employer that filed the extension. If you are changing employers, a different rule applies: H-1B portability, which USCIS handles under the “AC-21” annotation on Form I-9. I covered that process in my guide to H-1B transfer to a new employer.
3. Nothing material changes
The authorization is “subject to any conditions and limitations noted on the initial authorization.” In practice, that means you keep doing the same job, at the terms already approved, while you wait. If your company wants to move you to a new role, a new worksite outside your current labor condition application, or a substantially different schedule during the 240 days, ask HR to check with counsel first.
When does the 240-day clock start?
This is the part people get wrong most often. The 240 days begin on the date your authorized stay expires, meaning your I-94 date. They do not start on the day the employer mailed the petition, and they do not start on the day USCIS issued the receipt notice.
Here is a simple example. Your I-94 shows March 31. Your employer filed the extension in February. You can keep working from April 1 onward, and the 240-day window runs into late November. If USCIS approves the petition in July, the window no longer matters because you now have a new approval and a new I-94. If USCIS denies it in July, your authorization under the rule ends when the employer is notified of the denial.
| Event | Your work status |
|---|---|
| Extension filed before I-94 date | Still working under your current approval |
| I-94 date passes, petition pending | Working under the 240-day rule (same employer) |
| USCIS approves | New I-797 and I-94; HR updates Form I-9 |
| USCIS denies | 240-day authorization ends on notice of denial |
| 240 days pass with no decision | HR must reverify; you cannot keep working on the old authorization |
My extension is still pending. Has my 240 days run out?
Candidates with a pending H-1B extension often tell me they count 240 days from the day the lawyer filed, do the math, and panic.
The regulation counts it differently. Under 8 CFR 274a.12(b)(20), if your extension was timely filed, you may keep working for the same employer for up to 240 days beginning when your authorized stay expires, which is the date on your I-94, not the filing date. If USCIS denies the extension before then, that permission ends. Not legal advice; every case is different.
- Look up your I-94 end date and write it down.
- Mark day 240 from that date on your calendar.
- Keep a copy of your I-797C receipt for HR.
How HR documents the 240-day rule on Form I-9
If you work in HR at a plant or office that employs H-1B engineers, this is the part you need. According to the USCIS M-274 handbook, section 7.5, when the employee’s work authorization expires:
- Write “240-Day Ext.” and the date you submitted Form I-129 to USCIS in the Additional Information field in Section 2 of Form I-9.
- Reverify the employee using Supplement B (Reverification and Rehire) once you receive the USCIS decision, or by the end of the 240-day period, whichever comes first.
Section 7.7 of the same handbook adds what to keep with the I-9 while you wait:
- A copy of the new Form I-129, proof you paid the filing fee, and proof you mailed the petition.
- Once the Form I-797C receipt notice arrives, keep that with the I-9 instead. You no longer need the petition copy, payment proof and mailing receipt in the I-9 file.
When the approval arrives, the Form I-797 approval notice includes an expiration date and an attached I-94. HR enters the document title, number and expiration date in Supplement B and gives the I-94 to the employee. For a refresher on how the whole I-9 process works on day one, see my guide to Form I-9 and E-Verify for new hires.
Who else the 240-day rule covers
The H-1B is the case I see most, but USCIS lists other categories that can use the same 240-day continuation when the employer timely files an I-129 extension. The handbook names CW-1, H-1B1, H-2B, H-3, L-1, O-1, O-2, P-1, P-2, P-3, R-1, TN, A-3, E-1, E-2, E-3, G-5 and I. So if you are an L-1 engineer on a transfer from a parent company, or an E-2 employee at a Korean-owned supplier, the same idea applies, and HR uses the same “240-Day Ext.” annotation.
Situations where the 240-day rule does not help
- The extension was filed after your I-94 expired. There is no automatic 240-day protection. Talk to counsel immediately.
- You want to start with a new employer. That is H-1B portability, not the 240-day rule.
- USCIS denies the petition. Authorization under the rule ends when the employer is notified of the denial.
- The 240 days run out. If there is still no decision, the rule no longer covers you. Employers who expect a long wait often request premium processing with Form I-907 to avoid getting close to this limit.
- International travel. Leaving the U.S. while an extension is pending raises separate questions about visa stamps and re-entry. Do not book a trip in this window without asking your employer’s immigration attorney first.
What I tell candidates to do this week
- Look up your current I-94 on the CBP website and write down the “Admit Until” date.
- Ask HR for the date the I-129 extension was filed and a copy of the I-797C receipt notice.
- Confirm the filing date is before your I-94 date. If it is not, escalate to counsel today.
- Count forward 240 days from your I-94 date and put that date on your calendar.
- Keep a copy of the receipt notice with you. Some offices, landlords and state agencies ask for proof of status, and the receipt is what shows the extension is pending.
If you are planning a longer path, such as a green card, the 240-day rule is a short bridge, not a plan. My guides on the PERM process and the 2026 H-1B registration rules explain the bigger picture.
FAQ
Is the H-1B 240-day rule automatic?
It applies by regulation when the conditions are met: a timely filed extension, the same employer, and the same conditions. You do not file a separate application for it. HR still has to annotate Form I-9 correctly.
Does the 240-day rule apply if I change employers?
No. Starting work for a new employer while a petition is pending is H-1B portability, which HR records on Form I-9 as “AC-21” with the filing date.
What happens on day 241 if USCIS has not decided?
The rule no longer covers continued work. USCIS tells employers to reverify by the end of the 240-day period. Plan ahead with your employer, which may request premium processing.
Can I get a new driver’s license or renew one during the 240 days?
State DMV rules differ. Bring your I-797C receipt notice, your expired I-94 and your passport, and check your state DMV’s list of accepted documents before you go.
Does the 240-day rule extend my I-94?
No. Your I-94 still shows the old date. The rule authorizes continued employment with the same employer while the extension is pending. The new I-94 comes with the approval.
Sources
- 8 CFR 274a.12(b)(20), eCFR
- 8 CFR 214.1(c)(4), eCFR
- USCIS Handbook for Employers M-274, 7.5 H-1B Specialty Occupations
- USCIS Handbook for Employers M-274, 7.7 Extensions of Stay for Other Nonimmigrant Categories
