My I-94 Date Passed and the H-1B Extension Isn't Approved Yet. Am I Still Allowed to Work?

As of November 10, 2026, this post sums up the official pages linked here.

The question

Your employer filed your H-1B extension weeks ago. You have the receipt. But the approval (the I-797 approval notice) hasn't come, and today is past the date on your I-94. Your manager asks, "Can you still log in on Monday?"

This post covers only that case: the same employer, an extension filed on time, and a decision that hasn't arrived. Our team at CloudSkill Consulting LLC read the rule and the USCIS employer pages, and here is what they say.

The short answer

Yes, in most cases. If your employer filed the extension before your stay ran out, you may keep working for that same employer for up to 240 days, counted from the day your authorized stay expired. That permission ends sooner if USCIS decides first. (8 CFR 274a.12(b)(20); USCIS M-274, 7.5)

What the rule actually says

The regulation is short. In plain words, it covers a worker in one of the listed classes (H-1B is one of them) whose status has expired, when an extension of stay was timely filed. Such a worker:

may keep working with the same employer,
for no more than 240 days, starting on the date the authorized stay expired,
under the same conditions and limits as the original approval.

If USCIS denies the extension before the 240 days are up, the permission ends automatically upon notification of the denial. (8 CFR 274a.12(b)(20))

USCIS's handbook for employers matches this. When the employer files the Form I-129 extension on time, the worker can keep working while USCIS reviews it, for 240 days at most, or until USCIS decides, if that happens sooner. (USCIS M-274, 7.5)

"Timely filed" is the whole game

Everything above depends on one fact: the petition reached USCIS before your stay ended. Per the handbook, the employer has to ask for the extension of stay while your approved H-1B status is still running, that is, before its end date. (USCIS M-274, 7.5)

What if it was filed late? That's a different and harder rule. USCIS may excuse a late filing only in its discretion, and only when, at the time of filing, the employer shows things like extraordinary circumstances beyond its control and that you didn't otherwise violate your status. (8 CFR 214.1(c)(4)) If your filing date is after your I-94 date, stop and call the attorney before you work another day.

What HR does on Form I-9

Your employer has a small task once your old work permission date passes. Per the handbook, HR notes "240-Day Ext." in the Additional Information box of Section 2, next to the date the I-129 was sent to USCIS. (USCIS M-274, 7.5)

USCIS also suggests the employer keep these with your existing I-9 (USCIS I-9 Central: Temporary (Nonimmigrant) Workers):

a copy of the new Form I-129,
proof of payment for filing it,
evidence that it was mailed to USCIS.

Then HR must reverify your work permission in Supplement B (Reverification and Rehire) once USCIS decides, or at the end of the 240 days, whichever is earlier. (USCIS M-274, 7.5)

If your HR team seems unsure, send them the M-274 section 7.5 link. It's written for employers.

What ends the 240 days

Approval. You keep working on the new approval, and HR reverifies your I-9.
Denial. The 240-day permission ends automatically upon notification of the denial. (8 CFR 274a.12(b)(20)) Call the attorney the same day.
Day 240 with no decision. The rule gives no more than 240 days. HR has to reverify by then. (USCIS M-274, 7.5) If you're getting close, ask your employer's attorney what they plan to do well before that date.
A new employer. The 240 days cover the same employer only. Moving to a new company runs under H-1B portability, which is a separate rule; see our Nov. 6 post on starting a new H-1B job before approval.

A proposed rule to know about (not final)

On Oct. 14, 2026, DHS published a proposed rule, "Removing Deference to Prior USCIS Determinations of Eligibility." It proposes to remove 8 CFR 214.1(c)(5), the part that generally has USCIS give deference to a prior approval involving the same facts when it decides an extension. (Federal Register, 91 FR 65119)

Two things to keep straight:

It's only a proposal. When we checked the Federal Register on Nov. 4, 2026, it was listed as a proposed rule with comments due by Nov. 13, 2026. It isn't final, and today's rule text on eCFR still includes 214.1(c)(5). (eCFR, 8 CFR 214.1)
It doesn't propose to remove the 240-day rule. The notice's own cost discussion says that when an extension is timely filed and still pending after status expires, the worker may remain in an authorized period of stay and may be eligible to keep working, citing 8 CFR 274a.12(b)(20). DHS also says removing deference could mean longer decision times for extensions. (Federal Register, 91 FR 65119)

So the practical point: if this proposal becomes final, waits for extensions could get longer, and the 240-day limit could matter to more people. Watch the Federal Register page for a final rule.

What to ask your employer or attorney

On what date did USCIS receive the I-129? Is that date before my I-94 date?
Is my I-9 marked "240-Day Ext." with the I-129 filing date?
On what date does my 240-day period end?
What's the plan if there's no decision by then?
If the extension is denied, what are my options that same day?

Keep your own copy of the receipt notice, your current I-94 and your last approval notice together, so you can answer these fast.

CloudSkill Consulting LLC sponsors H-1B petitions for qualified candidates in some roles. Questions about our roles go to info@cloudskillconsulting.com.

Plan with this, decide with your papers: this summary from CloudSkill Consulting LLC isn't legal advice. The attorney who files your H-1B can tell you how the rules fit your case. Keep the USCIS, eCFR and Federal Register pages below open when you talk.