USCIS 240 Day Rule - Questions & Answers

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Hi,

If we apply for extension+amendment for less than 240 days using recapture time, Can we still stay/work for 240 days or till USCIS takes decision. For example if maxout left for H1B is only 90 days and if we apply for extension+amendment for those 90 days, can we still stay for 240 days or till USCIS takes decision?

Hi @kishore1988

The 240 day rule allows you to stay past your i94 expiry only. It cannot be used to stay beyond maxout time.

Maxout is a different situation where you have exhausted your full 6 year quota.

If 240 days expires in April end, can employer file another amendment petition while i-94 has already expired in Aug 2019, but it’s within 240 days of Authorized Work Status post i-94 expiration with timely filled extension. Will filling amendment petition will keep the work authorization valid beyond 240 days which otherwise ends in April?

Hi @cassadee74

If your current amendment is pending, you can keep working past 240 days as well.

If your current application is plain Extension, then yes many attorneys suggest to file another amendment or Extension before 240 days end to continue working.

Many people do it.