The 240-day rule and what happens when it runs out

Most extension delays never become visible, because a regulation lets the employee keep working for up to 240 days past the I-94 expiry while the petition is pending. It is the reason the system tolerates as much delay as it does — and it has edges.

What the provision does

Where an extension petition is timely filed with the same employer, employment authorization continues for up to 240 days beyond the expiry of the authorized period of stay, or until the petition is decided, whichever comes first.

Three conditions, all load-bearing. Timely filed means before the I-94 expires. Same employer means it does not apply to a change of employer — that is portability, a different provision with different mechanics. And the period is capped at 240 days, not open-ended.

What it does not do

It does not extend status. The employee's authorized stay ended on the I-94 date; what continues is the authorization to work while a decision is awaited.

That distinction becomes concrete on denial. If the petition is denied after the I-94 expiry, the employee has been out of status from that date, and unlawful presence considerations begin to apply. Employment during the 240 days does not retroactively become unauthorized, but the status position is a serious one and it needs immediate advice.

Nor does it help with anything outside employment. Driving licences, state benefits and international travel all key off status and the I-94, not off the 240-day provision — and this is where employees discover the distinction, usually at a DMV counter.

Practical handling

• File extensions as early as the rules permit. The 240 days are a buffer, not a plan, and filing late spends the buffer before it is needed.
• Premium process anything that will run close. The provision is insurance against ordinary delay; premium processing is insurance against the provision running out.
• Track the 240-day date explicitly, not just the I-94 date. It is the day employment authorization actually stops, and nobody is going to send a reminder.
• Brief the employee before the I-94 expires, not after, on what continues and what does not. The licence problem in particular is worth flagging in advance.

A petition still pending as the 240-day mark approaches, with premium processing unavailable or already exhausted, is the fact pattern where federal litigation becomes a proportionate response. The harm has a date on it.

Questions

Does the 240-day rule apply to L-1 and other categories?

The regulation covers a defined list of classifications, including several employment-based nonimmigrant categories. Confirm the specific classification rather than assuming coverage.

What happens at day 241?

Employment authorization ends. The employee must stop working, even though the petition remains pending.

General information, not legal advice. Rules and processing practice change; verify against the agency's own published figures and take advice on your own facts.