240-Day Rule Calculator: Can You Keep Working While Your Extension Is Pending?
If an extension for H-1B, L-1, O-1 or a similar category is filed on time, before the I-94 expires, you can keep working legally for the same employer for up to 240 days after your status expires while the application is still pending. The basis is 8 CFR 274a.12(b)(20).
240-day rule calculator
Check your work authorization while your extension is pending
What is the 240-day rule?
If you file an extension petition before your I-94 expires, you may continue working for up to 240 days beyond your I-94 expiration while the petition is pending.
The expiration date on your I-94 or visa stamp
The date USCIS received your extension petition (check your I-797C receipt notice)
When It Applies
The extension must be filed on time
It must be filed before the I-94 expiration date. A late filing does not get the 240-day rule, and work authorization ends when the I-94 expires.
Same employer, same job only
Work authorization during the 240 days covers only the employer that filed the extension and the same position; changing employers requires a separate filing. ⚠️ Pay special attention: 8 CFR 274a.12(b)(20) grants work authorization only — it is not the same as lawful status. USCIS has said clearly that while an extension is pending after the I-94 expires, the person may not be in lawful status. This affects the risk of travel, and your eligibility to adjust status if the extension is denied.
The 240 days start from the I-94 expiration date
Not from the filing date. If the extension still isn't approved when the 240 days run out, work authorization ends even though the application is still pending. If it is denied along the way, authorization ends immediately on the date of denial.
Frequently Asked Questions
- Can I travel during the 240 days?
- To come back in, you usually need an approved extension and a valid visa. Leaving while the extension is pending may cause it to be treated as abandoned, so the risk is high.
- Does premium processing help?
- It shortens processing time, which lowers the risk of hitting the 240-day limit, but it doesn't change the rule itself.
Sources: Data and Law
Related Tools
This tool gives estimates based on public regulations and government data, for reference only. It is not legal advice. We are not a law firm. Every case is different — talk to an immigration lawyer before making a decision.