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.

B1b2 extension covid19 still pending. My wife leave already country

Can H4 applicant apply for I-485 change of status , when their I-94 is expired and extension was timely filed and Extension is pending for more than 240 days.

As long as you have maintained the legal status (which you have by filing an H4 extension before the i94 expiry), you can file i-485.

follow up to the above question.

I was told by a very reputed law firm that I should not file I-485 if h4 has been pending, the reason they have given is that if at the time of adjudication of I-485 I would need to prove my status , if its found that H4 is still pending then it is considered to be not adjustable.

the point being one could file I-485 but extremely risky if H4 not approved before FAD is reached, Considering how fast the FAD is moving , won’t this is considered risky.

Do you have a reason to believe that H4 will be denied?

You asked earlier that can it be filed or not. To which, I suggested that yes it can be filed.

There is a risk of denial associated with each application you file with USCIS but you still file. Isn’t it.

Now, if you think that H4 has a chance of denial, then, may be wait for the H4 approval. Its upto you to analyze and then take a decision there.