USCIS 240-Day Rule - Stay in US after i94 Expiry (H1B, H4, B1/B2 Extension)

Originally published at: USCIS 240-Day Rule - Stay in US after i94 Expiry (H1B, H4, B1/B2 Extension) - USA

The answer to “Can I stay in the US after 240 days” is yes. The rule applies to multiple visa types like B1/B2, H1B, H4, and L among others. H1B extension can stay in the US after 240 days of i94 expiry but cannot work. H1B Amendment with extension can stay and work in the USA…

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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.

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My H4 EAD and I-94 expires in 2 days. I have already applied for I-94 and H4EAD renewal. I received the H4 EAD receipt. It came with automatic renewal for 540 days. I am waiting for the I-94 form to reach me. Is it okay to keep working until I the receive the new I-94 form? I have the notice that says I have applied.

Can someone help me with my situation? I am on my h4 and it is valid till 05/08/2023.I am under separation with my husband who is on H1b and he denied to file h4 for me now. But I filed for h1b this year lottery and it got picked, but it comes to force on Oct 1st 2023. So I want to check if there is any way out there that I can stay after my h4 expiry and work once my H1b comes into force.

The only option I see is to apply change of status to B1/B2 if you intend to keep living in the US after the H4 expire however note that your change of status may not be approved before October which means you may get RFE for H1B amendment for change of status to H1B effective 1st October.

I would advise to leave the US before H4 expires and enter back on H1B visa on or after 1st October.

You can consult an immigration lawyer and follow their advice.

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