Your H-1B extension is filed. Your attorney or your employer's immigration counsel has the receipt notice. But your I-94 expiration date is two weeks away, your current project is not done, and nobody on your bench team can tell you with certainty whether you can keep billing hours after that date passes.
This is one of the most misunderstood rules in US work authorization, and consultants on the bench or mid-assignment feel the stakes more than most. The rule that protects you here is narrow, specific, and has hard edges. Get the edges wrong and you create a status problem that is much harder to fix than it would have been to avoid.
Here is what 8 CFR 274a.12(b)(20) actually says, what it covers, and where it stops.
What the 240-day rule actually provides
Under 8 CFR 274a.12(b)(20), a nonimmigrant worker in certain classifications - H-1B, H-1B1, L-1, O-1, E-3, and several others - who has a timely filed application to extend status based on continued employment with the same employer may continue working for up to 240 days past the I-94 expiration date, while that extension remains pending with USCIS.
The mechanism is simple: your employer files Form I-129 (Petition for a Nonimmigrant Worker) to extend your H-1B before your current period of authorized stay ends. If USCIS has not adjudicated it by the time your I-94 expires, this regulation lets you keep working without a gap, for up to 240 days, counted from the day your prior authorized stay expired.
This is an automatic regulatory extension of employment authorization. It is not a new visa, not a new I-94, and not a guarantee of approval.
What counts as timely filed
Timely filed has one meaning here: the I-129 extension petition must be received by USCIS on or before the date your current I-94 expires. Postmark date generally does not count for this purpose - what matters is the date USCIS receives and accepts the filing, which becomes your receipt date.
Practical implications for consultants:
- If your I-94 expires on a Friday and the petition is not received by USCIS until the following Monday, the filing is late and the 240-day protection does not apply.
- A petition rejected for a deficiency (wrong fee, missing signature, wrong filing location) and refiled later is not timely as of the original date - it is timely only as of whenever it is properly resubmitted and accepted.
- Premium processing does not change the timely-filing requirement. It only affects how fast USCIS adjudicates once the case is properly filed.
Confirm the receipt date on your Form I-797 receipt notice as soon as it arrives. If there is any ambiguity about whether your filing beat the deadline, that is a conversation to have with your immigration attorney immediately, not after the fact.
Same employer, not a new one
This is the detail that trips up consultants moving between staffing arrangements. The 240-day rule under 8 CFR 274a.12(b)(20) applies to an extension filed by the same petitioning employer for continued employment in the same role. It does not apply when you are changing employers.
A change of employer is governed by a different provision - H-1B portability under INA 214(n), sometimes called AC21 portability. That rule allows you to start working for a new H-1B employer once the new employer's petition is properly filed, without waiting for approval, provided you were lawfully in H-1B status and had not worked without authorization. It is a separate mechanism with its own conditions, and it is not what people usually mean when they say 240-day rule.
If your agency, GC, or implementation partner changes in a way that requires a new H-1B petition from a new legal employer, do not assume the 240-day extension travels with you. It does not. Confirm which provision actually applies to your situation before you treat yourself as authorized to start billing under a new arrangement.
What the 240-day rule does not do
This is where the regulation gets misread most often. Three limits matter:
- It does not extend your underlying nonimmigrant status. Your H-1B status, strictly speaking, has lapsed once your I-94 date passes. The regulation only continues your employment authorization, not your immigration status, while the extension is adjudicated. This distinction matters for dependents, for benefits tied to status, and for any filing that asks whether you are currently in valid H-1B status.
- It does not help with international travel. If you leave the United States while relying on the 240-day extension and your extension has not been approved, you generally cannot re-enter on the strength of this provision. Re-entry would require a valid visa stamp reflecting an approved petition, among other things. Most attorneys advise against international travel while an extension is pending under the 240-day rule, full stop.
- It is not indefinite. 240 days is the outer limit. If your extension is still pending at day 241, your authorization to work under this provision ends, regardless of where USCIS is in processing your case.
What ends the 240-day authorization early
Two things cut the clock short before 240 days:
| Event | Effect on work authorization |
|---|---|
| USCIS approves the extension | New I-94 validity period begins; 240-day provision is no longer needed |
| USCIS denies the extension | Employment authorization under this rule ends immediately on the date of denial, not at 240 days |
| 240 days elapse with no decision | Authorization under this rule ends on day 240, regardless of case status |
| Change of employer without a new, properly filed H-1B petition | 240-day protection from the prior employer does not transfer |
A denial is the scenario consultants need to plan for operationally, not just legally. If your extension is denied, your employer should be notified quickly, and your engagement manager or staffing coordinator needs a same-day plan: stop billing, notify the client, and route the matter to immigration counsel for options such as a motion to reopen/reconsider or a new filing strategy. Waiting to see what happens is the most expensive mistake available at that point.
A short checklist before you rely on the 240-day rule
- Confirm the I-129 extension was received by USCIS on or before your I-94 expiration date - check the receipt notice date, not the mail date.
- Confirm the extension is with the same employer and the same underlying job, not a new entity in a staffing chain.
- Do not plan international travel while the extension is pending under this provision.
- Ask your employer or attorney how they will notify you same-day if the case is denied, since authorization ends immediately on denial.
- Track the 240-day date on your own calendar in addition to whatever your employer tracks - it is your authorization to work, and you should not be the last to know it is expiring.
This article explains a federal regulation in general terms. It is not legal advice, and it does not account for your specific petition, prior filings, or USCIS processing history. Confirm your situation with a licensed immigration attorney before making decisions based on it.
If you are a consultant trying to time an extension, a transfer, or a next assignment around a pending case, the team at Josh Pros LLC has seen most versions of this timing problem. Reach out at contact@joshpros.com or visit https://joshpros.com if it would help to talk through where you stand.
#240DayRule #H1BExtension #WorkAuthorization #ImmigrationCompliance #TechConsultants #H1BTransfer #USCIS #ImmigrationLaw #ITStaffing #WorkVisa #EmploymentAuthorization #H1BWorkers
This is general information, not legal advice. Immigration rules change and outcomes depend on your individual circumstances. Confirm anything that affects your case with a licensed immigration attorney.
Talk to a real recruiter, not a bot.
We'll tell you the rate, the client, and the terms before you interview. And if we're not the right fit, we'll say so.