Employment Authorization with Pending Extension Petition​

When an employer timely files a petition for an employee in H-1B, H-1B1, O-1, E-3 or TN status to extend their employment in the same status, the employee may continue to work for the sponsoring employer for an additional 240 days beyond their current status end date. This is commonly referred to as the 240-day rule.

A “timely filed" extension petition must be received by U.S. Citizenship and Immigration Services (USCIS) with proper fees before the employee's current nonimmigrant status and employment authorization expires. During the 240-day period, the employee is authorized to continue working while the petition is pending with USCIS (the petition does not need to be approved). The 240-day period starts the day following the current status end date.

After USCIS receives the extension petition, DIS will issue a Notice of Action (NOA) to reflect the 240-day extension of work authorization. DIS will issue a second NOA after we receive the final approval notice from USCIS. The 240-Day NOA will show a “Status Expires" date that is prior to the “Effective End Date" – see example below. These dates are accurate. The second NOA, issued after approval, will generally show the same dates in both fields.

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Employees must sometimes renew their U.S. driver's license during the 240-Day period. Upon request, DIS provides a letter addressed to the local motor vehicle administration office to confirm their 240-day work authorization extension. Employees and their spouses can use this DIS letter along with the original USCIS I-797 receipt notice to renew their driver's licenses.

Notify the assigned DIS Immigration Specialist if an employee must travel internationally while their extension petition is pending with USCIS.

Revised 06/2021