What Happens If Your H-1B Expires During a Pending Extension? Practical Implications

(UNITED STATES) When your H-1B status is close to expiring and your employer has an extension pending, it can feel very tense. The rules about the 240 days of automatic work authorization, what happens after your I-94 expires, and how long you can stay in the country are very specific. Knowing what to expect at each step can help you plan with your employer and avoid sudden job or travel problems.

This guide walks through the full journey from the months before your current H-1B ends, through the 240-day period, and then through the time after day 240 if your case is still pending. It is based on current U.S. rules as of 2025 and focuses on what happens when an H-1B expires while an extension is pending.

Big Picture: What Happens If Your H-1B Expires With an Extension Pending

Under current U.S. rules, if your employer files your H-1B extension before your current H-1B status ends, you get an automatic 240-day extension of your work authorization while the case is pending with USCIS.

During those 240 days:
– You may keep working for the same employer that filed the extension.
– You may stay in the United States lawfully while the petition is pending.

If USCIS still has not decided your case by the end of the 240 days:
– Your right to work stops (you must not work after the 240th day unless USCIS has approved the extension).
– You may remain in the U.S. while the extension is pending, provided the petition was filed on time.

If your employer files the extension late (after your H-1B status already expired):
– You can be treated as out of status and may begin to accrue unlawful presence.
– USCIS may excuse a late filing in very rare cases, but it is not guaranteed.

Premium processing may help avoid hitting the 240-day limit because USCIS will give a decision in 15 calendar days for an extra fee.

For official background on the H-1B category, see USCIS’s H-1B overview: H-1B Specialty Occupations page.

Stage 1: Before Your Current H-1B Ends

This is the planning period, usually several months before your current H-1B expiration date.

What you and your employer should do early

• Check your I-94 expiration date. This is the date that controls your H-1B status inside the U.S.
• Talk to your employer well before that date so they can prepare the extension.
• Your employer normally files an H-1B extension on Form I-129, Petition for a Nonimmigrant Worker. The official form is available at Form I-129.

The most important point in this stage is timely filing. For the 240-day rule to apply, USCIS must receive the extension petition before your current H-1B period ends. A petition that arrives even one day late can put you in a different, riskier situation.

What to expect from USCIS at this stage

• USCIS issues a receipt notice, giving you a receipt number and confirming the “received date.”
• The received date is what matters for timely filing. If it is before your H-1B status end date, the 240-day automatic work extension can apply.

Note: Government notices sometimes arrive after your old status expires even when the filing was on time. What matters is the date USCIS shows as “received,” not when the notice arrives in the mail.

Stage 2: Day 1 to Day 240 After H-1B Expiration

If the extension was filed on time, your current H-1B period can end, and you enter the 240 days of automatic work authorization while the extension is pending.

Your rights during the 240-day period

• You may keep working for the same H-1B employer (the one that filed the extension).
• You may stay in the U.S. lawfully while the petition is pending.
• Your employer may continue to pay you and treat you as an active worker.

Important: This work authorization is only for the employer that filed the extension. This guide does not address changing employers during this period.

What you should do during the 240 days

• Keep a copy of:
  • Your expired H-1B approval notice
  • Your I-94 record
  • The USCIS receipt notice for the extension
• Share these documents with HR or payroll so they understand you are allowed to work during the 240-day window.
• Stay in contact with your employer or their attorney about case status.

Travel warning: Travel carries real risk while an extension is pending. If you leave the U.S., you may not be able to reenter until your extension is approved and you have a valid visa stamp. That could mean a prolonged absence from your job and family.

Stage 3: After Day 240 If the Case Is Still Pending

If USCIS has not approved or denied your H-1B extension by the end of the 240 days, a key change occurs:
– Your work authorization stops on day 241.
– You are no longer allowed to work in the U.S.
– You may remain in the U.S. while the extension is still pending (if it was filed on time).

From day 241 onward you are in a difficult position: lawfully present based on a timely-filed petition, but prohibited from working.

Options and employer actions after day 240

Because you cannot work after day 240 unless the case is approved, possible approaches include:
– The employer places you on unpaid leave until USCIS decides.
– The employer files for premium processing (if not already used) to speed a decision.
– You consult an immigration attorney about risks of staying in the U.S. without pay for an extended time.

Critical warning: You must not engage in unauthorized employment after day 240. Unauthorized work can cause serious future immigration problems.

Stage 4: Late Filing and Being Out of Status

If your employer files the H-1B extension after your H-1B status already expired:
– You are treated as out of status from the day after your H-1B expires.
– You may begin to accrue unlawful presence.
– You do not receive the 240-day work extension.

USCIS may, in rare circumstances (e.g., extraordinary events like labor disputes or government shutdowns), excuse a late filing. However, this is rare and not guaranteed. Relying on late-filing excuses is risky.

Stage 5: Using Premium Processing to Avoid Gaps

Premium processing can reduce the chance you reach day 240 while an extension is pending.

• Premium processing guarantees a 15-calendar-day decision for an additional fee.
• Employers request it using Form I-907, Request for Premium Processing Service. The form is at Form I-907.
• If USCIS does not act within 15 calendar days, the premium fee must be refunded and the case continues to be treated as premium.

Employers weigh the extra cost against the benefit of avoiding a work stoppage. When workers approach the 240-day mark, many employers opt to pay for premium processing.

Stage 6: Extensions Beyond Six Years

Some workers may qualify for H-1B time beyond the normal six-year limit (for example, if a labor certification or an I-140 immigrant petition has been pending for at least 365 days).

Key points for these longer-term extensions:
– File your H-1B extension before your current period ends.
– If timely filed, the 240-day automatic work authorization applies while the extension is pending.
– If no decision after 240 days, you must stop working but may remain in the U.S. until USCIS acts, provided the petition was filed on time.

Extensions beyond six years can be granted in one- or three-year increments depending on the basis of the extension.

Stage 7: Travel While an Extension Is Pending

Travel while an extension is pending is particularly risky.

• If you travel outside the U.S. while your extension is pending, you may not be able to return until your H-1B extension is approved and you have a valid visa stamp.
• In practice, returning may require waiting for approval and then scheduling a consular visa appointment, which can take weeks or months.

Because of these risks, many H-1B workers avoid travel while an extension is pending—especially if they are close to the 240-day limit or face long consular wait times.

Practical Checklist for H-1B Workers in This Situation

When your H-1B expiration is approaching and an extension is pending, keep these points in mind:

1. File early. Ensure your employer files the extension before your current H-1B ends.
2. Know your 240-day date. Count 240 days from the end of your current H-1B period to know the last day you can legally work if the case remains pending.
3. Do not work after day 240 unless your extension has been approved.
4. Stay in the U.S. lawfully while your extension is pending if it was filed on time, but avoid unauthorized employment.
5. Think carefully about travel—you may not be able to reenter until the extension is approved and you have a valid visa stamp.
6. Consider premium processing if you are approaching the 240-day mark or need a fast decision.

Important takeaway: Clear planning with your employer, timely filing, and careful tracking of the 240 days can significantly reduce unexpected job, travel, and immigration problems while your H-1B extension is pending.

These rules can shape your job, your family plans, and your wellbeing while you wait. Keep communication open with your employer and consider consulting an immigration attorney for personalized advice.