The H1B 240-Day rule is often confusing for many as to when to stop working, including possibilities and implications of switching H1B employers commonly known as an H1B Transfer, while the H1B extension is pending. Many of you have already read the official 240-day rule on the Internet; we have compiled answers to many FAQs.
How do I contact the USCIS if my H1B is pending for longer than the processing times listed on the USCIS website and over 210 days? (Nearing 240 Days?)
Your employer or the attorney must contact the USCIS and open a Service request, you may not contact the USCIS as you are not the petitioner for the H1B/Form I-129 Petition. USCIS has provided guidance on this matter if the H1B adjudication is pending for over 210 days, see official here.
I am planning to switch H1B Employers while my I-94 is valid and the new employer will file an H1B Extension.
The 240-day rule does not apply to H1B Extensions/H1B Transfers with a new Employer. If you have transferred while the I-94 is valid, you will not be subject to 240-day rule even if the H1B is pending for longer than 240 Days and you can continue to work.
I am in the 240-day stream after filing H1B extension with the same employer, and my I-94 has expired. Now, I am planning to switch H1B Employers.
If your I-94 has expired, switching H1B Employers of no use. You will continue to be subject to the 240-Day rule even with the new employer from the day the I-94 has expired.
I have completed 240 days from the day my I-94 has expired - What are my options/consequences?
- You may upgrade to premium processing to get an expedited response on your pending H1B Petition. If the H1B is under security checks, upgrading to premium is of no use.
- You must stop working immediately after 240 days and await a decision on your case. If approved, you may begin employment.
- You will not accrue unlawful status beyond 240 days until the USCIS decides on the case
My employer has filed an H1B Amendment due to a change and followed by an H1B Extension my H1B/I-94 was expiring - How to calculate 240-days?
You will count from the day the I-94 has expired. An H1B Amendment is not subject to the 240-day rule.
My H1B is under security check, am I subject to the 240-day rule?
Yes, you are subject to the 240-day rule when the H1B is pending beyond 240 days even based on a Security Check. Discussion about Security Checks
My H1B is pending for more than 240-days after I-94 expiry, what happens to the H4 status?
As mentioned earlier, your H4 dependents will not accrue unlawful status until the USCIS makes a decision on the H1B Petition (Adjudication)
I have transferred my H1B to Company B after the expiry of the I-94 while the H1B Extension is pending with Company A. Now, Company A has withdrawn my H1B Extension, what’s my status?
If the H1B Extension by Company was filed in time before it was withdrawn by Company A, you should be good as the previous extension acts as a bridge petition, please ensure you documents dates along with pay statements from Company A.
I plan to travel after completing 240-days, what are the options?
There is only one option. Await the approval of the H1B, if approved, get a visa stamped at a US Consulate.
I have completed 240-days and I have stopped working, what about payroll/salary from my H1B Employer?
Your employer is not required to pay your wages after the 240-days as you are technically not working for the employer
My H1B is approved but approved as the year 2010 instead of 2020. It was a typographical error from the USCIS and my employer sent a letter to the USCIS. But, I am beyond the 240-days now.
This is a rare occurrence, some H1Bs arrive with an expired date based on the employment/project documentation and it is NOT an error by the USCIS. In your case, it looks like it's an error. You must open a service request and/or attempt to get an appointment with a USCIS local office here.
What happens to the Driver License renewal when I am in the 240-days or past 240-Days?
This is a gray area to discuss as the Driver License renewal regulations are governed by each state, you must contact your local DMV.
The 240-day work authorization extension provides for lawful presence, but not lawful status. There have been attempts in the past to amend the REAL ID Act to address this and other related issues, but these efforts were unsuccessful. As a result, several categories of immigrants -- not just temporary workers -- are disadvantaged by the statute's requirement that licenses be tied to lawful status rather than to lawful presence. Workers on a 240-day work authorization extension are provided only with a Form I-797C, the receipt for the filed extension-of-stay petition. There has been little guidance as to how state DMV should treat that document. The language on the I-797C makes it even more difficult to obtain DMV benefits because it explicitly states that the form doesn't grant any immigration status or benefit.
We tried to cover most FAQs, but if you still have a situation, please post under Comments or create a topic in Discussion Forums.