240 day rule for H1b Extension Plus Amendment?


Does the 240 day rule apply for H1b Extension plus amendment filed together ? i.e am I eligible to work after 240 days of i-94 expiry when my H1b extension plus amendment filed together?


Update : Referring my answer below to have more clarity for future visitors:

You can keep working after 240 days of i94 expiry if your H1B Amendment +Extension is pending AND your employer + attorney are saying it is OKAY to work.

Old answer:
Yes, the 240 day rule applies for H1B amendment + Extension.

You can stay in US but can’t work if your application is still pending after 240 days of i94 expiry.

Thanks Anil. But this post says otherwise https://www.avvo.com/legal-answers/authorized/h1b-extension-amendment-240-day-rule-applicable---4112447.html?answer_id=9059946#answer_9059946

Hi @simplefavor

The H1B amendment is gray area for 240 day rule.
The official USCIS language talks about working with ‘same Employer’ upto 240 days.

Now, it is upto you, your employer and their attorney to interpret it in a different way.
If you are working with same Employer even after filing an amendment, you are in gray area.

If your Employer and attorney are suggesting to keep working after 240 days, take your call.

Thanks Anil. This helps.

Hi Anil,
Please advice.
My case
H1 extention pending…RFE responded June 5… Still pending…i94 expired 237 days.
My case is my same employer filed extention, no amendment and my 240 days will be completed in 3 days,
Can I file amendment as change of location from Connecticut to Massachusetts …same employer same client just a location change in premium processing…?
Can I do this even after 240 days cap…?
What are other options other than waiting (240days cap) for approval or denial… Can I apply for F1 i20 … Or can I change my employer and file another H1.

Hi @Marshal_M

You can file H1B amendment and then start working at new location on receipt.

I suggest to file it before end of 240 days.

Why do you want to apply F1? I don’t understand your logic here.