H-1B Workers May Stay but Cannot Work After Day 240

An H-1B worker with a timely filed same-employer extension generally may remain in the United States after day 240 while U.S. Citizenship and Immigration Services decides the petition. However, the worker must stop working when the 240-day employment authorization period ends unless another independent basis for employment exists.

When the Rule Applies

The H-1B 240-day rule covers certain extension requests filed for workers continuing with the same employer. Under federal regulations, the employer must file the extension before the worker’s authorized stay expires, typically on the date shown on Form I-94.

The rule automatically permits continued employment with that employer for no more than 240 days after the authorized period expires. Employment authorization ends earlier if USCIS denies the extension. If USCIS approves the petition before the deadline, employment continues under the new approval.

This rule should not be confused with H-1B portability. A qualifying petition filed by a new employer may permit employment while the petition remains pending under a separate legal provision rather than the 240-day extension rule.

What Happens After Day 240

If the same-employer extension remains pending, employment authorization ends after 240 days. The employer must remove the worker from active employment unless the person has another valid form of work authorization. Continuing to perform compensated or uncompensated job duties may create immigration compliance problems.

The end of employment authorization does not automatically require immediate departure. USCIS guidance distinguishes lawful nonimmigrant status from a period of authorized stay. After the I-94 expires, the worker is generally no longer in H-1B status, but a timely filed, nonfrivolous extension request can place the person in a period of authorized stay while the case is pending.

During that period, the worker generally does not accrue unlawful presence solely because the I-94 has expired. Still, this protection is not the same as valid H-1B status, and it does not create permission to work after the regulatory limit.

Planning Around the Deadline

Employers and workers should calculate the 240-day deadline from the expiration of the authorized stay and retain the Form I-129 receipt notice, prior approval notice and Form I-94. They should also monitor the case rather than treating the deadline as an extension of H-1B status.

If USCIS approves the extension, agency guidance states that the approval generally relates back to the previous expiration date, allowing employment to resume under the approval. If the petition is denied, the period of authorized stay ends and the worker should promptly obtain case-specific legal advice about departure or any other lawful option.

For international professionals who previously held F-1 or Optional Practical Training status, an earlier student work authorization does not automatically become available again. Any change of status, travel or new employment strategy should be evaluated separately before action is taken.

Sources

• § 274a.12 Classes of Aliens Authorized to Accept Employment — Electronic Code of Federal Regulations (October 30, 2026)
• Nonimmigrant Services — U.S. Citizenship and Immigration Services (Accessed November 2, 2026)
• USCIS Implementation Plan of Executive Order 14160 – Protecting the Meaning and Value of American Citizenship — U.S. Citizenship and Immigration Services (July 25, 2025)
• H-1B 240-Day Rule: Can You Stay in the U.S. After Day 240? — Reddy Neumann Brown PC (November 2, 2026)

This article provides general immigration information and is not individualized legal advice.