The "240-day rule" lets some H-1B workers keep working for the same employer after their authorized stay expires, as long as an extension was filed on time. The regulation behind it, 8 CFR 274a.12(b)(20), covers people "on whose behalf an application for an extension of stay was timely filed" and limits the continued work to "the same employer" for a period "not to exceed 240 days beginning on the date of the expiration of the authorized period of stay." This article explains what the regulation says the rule covers and where the official sources are silent.
What the regulation says
8 CFR 274a.12(b)(20) describes nonimmigrants whose status has expired but on whose behalf an application for an extension of stay was timely filed under 8 CFR 214.2 or 214.6. Those people are "authorized to continue employment with the same employer for a period not to exceed 240 days beginning on the date of the expiration of the authorized period of stay." The paragraph applies to the classes of workers listed in other paragraphs of the same section, and one of them, paragraph (b)(9), covers the "nonimmigrant specialty occupation worker" classification, which is H-1B.
Four details are worth noticing.
- Timely filed. The extension must have been filed on time. The regulation on extensions of stay, 8 CFR 214.1(c)(4)(i), adds that an extension "may not be approved" for someone who failed to maintain status or whose status expired before the filing, with an exception: "USCIS may excuse the late filing in its discretion" in listed circumstances. That is a discretionary decision, not something to count on.
- Same employer. The continuation is described for work "with the same employer." Starting with a different employer is a separate rule, covered in our guide on H-1B transfers and portability.
- Up to 240 days. The count begins on the date the authorized period of stay expires, and the text says the period may "not exceed" 240 days.
- Conditions carry over. The regulation says the authorization "shall be subject to any conditions and limitations noted on the initial authorization."
When the authorization ends early
The regulation says that if the district director or service center director decides the extension request before the 240 days are over and denies it, "the employment authorization under this paragraph shall automatically terminate upon notification of the denial decision." The regulation text does not describe what changes if the request is approved. The approval notice shows the new validity dates.
What the employer does on Form I-9
Form I-9 is the employment eligibility paperwork. USCIS's Form I-9 handbook has a section on H-1B workers that describes how an employer documents continued work under the 240-day rule. That page shows a last reviewed date of 07/26/2023, so we do not restate its steps. Employers and their counsel should check the current handbook and Form I-9 instructions.
What the 240-day rule does not clearly cover
- Travel. The official pages used for this article do not address international travel while an extension is pending. Do not assume the 240-day rule says anything about reentering the United States. Ask an immigration attorney before any trip.
- Different employers. The rule is written for the same employer.
- Late filings. The only official language we found is the discretionary excuse quoted above.
- Timing predictions. No official page we used says how long a decision will take. For timing, use the Form I-129 processing times page or USCIS's own processing times tool.
Recent H-1B developments to be aware of
USCIS's H-1B page also describes an additional payment requirement that applies to certain H-1B petitions, and court orders about it. That requirement has changed more than once, so this article does not summarize it. Whether it applies to a particular petition is a question for the employer and its attorney. Read the USCIS H-1B page for the current state. The Form I-129 page shows the current edition of the form and the current fees.
Common questions
Does the 240 days start when I file?
No. The regulation says the period begins "on the date of the expiration of the authorized period of stay."
What if USCIS denies the extension sooner?
The regulation says that if the request is denied before the 240 days end, the employment authorization under that paragraph "shall automatically terminate upon notification of the denial decision."
Is the 240 days a promise that a decision will arrive in time?
The official pages do not say that. They describe a maximum period of continued work authorization, not a decision deadline.
Does it cover a different employer?
The regulation describes continued employment "with the same employer." A change of employers is a separate topic.
Official sources
- eCFR: 8 CFR 274a.12
- eCFR: 8 CFR 214.1
- USCIS: Form I-9 handbook, H-1B Specialty Occupations (reviewed 07/26/2023)
- USCIS: H-1B Specialty Occupations (reviewed 09/21/2026)
- USCIS: Form I-129 (reviewed 10/07/2026)
GreenLight is not affiliated with USCIS or the U.S. government. This article is for informational purposes only and does not constitute legal advice.