Master prompt
Authorized period of stay advisory — 240-day work rule + travel during pending extension
Client has filed I-129 / I-539 timely and is in "period of authorized stay." Map the 240-day work authorization, travel restrictions, advance parole, and decision-day scenarios.
United StatesVisa extension240-day rule8 CFR 274a.12Authorized stayTravelAdvance parole
[CLIENT_NAME] filed [EXTENSION_FORM] on [APPLICATION_FILED_DATE] before [PRIOR_I94_EXPIRY]. They are now in "period of authorized stay." Walk them through what they can and cannot do.
§1 — PERIOD OF AUTHORIZED STAY VS LAWFUL STATUS
Key distinction:
• LAWFUL STATUS — formal admission to a specific nonimmigrant category
• PERIOD OF AUTHORIZED STAY — USCIS-tolerated presence while extension/change is pending; not strictly "status" but presence is not counted as unlawful
Once [PRIOR_I94_EXPIRY] passes and extension is still pending:
• Client is no longer in [PRIOR_STATUS] (status technically ended on I-94 expiry)
• Client is in "period of authorized stay" — no unlawful presence accrual under INA §212(a)(9)(B) (per USCIS Policy Manual Vol. 7, Part B, Chapter 3)
• IF extension is later granted: I-94 retroactively bridges the gap; client treated as never lapsed
• IF extension is later denied: unlawful presence begins accruing from date of denial
§2 — 240-DAY WORK AUTHORIZATION RULE (H, L, E, O, R, others)
8 CFR §274a.12(b)(20) — Continued employment authorization while extension pending:
• Applies to: H-1B, L-1, E-1/E-2, O-1, R-1, TN, others under §274a.12(b)
• Requirements:
(a) Timely-filed I-129 extension for SAME employer
(b) Employment continues with SAME employer
(c) No change in terms / location requiring amendment
• Permits continued work for UP TO 240 days from [PRIOR_I94_EXPIRY]
• After 240 days OR after extension is decided: work auth ends
• Does NOT apply to first-time petitions or change-of-employer petitions for H-1B (those use H-1B "portability" under AC21 §105(a) instead)
If [PRIOR_STATUS] is H-1B / L-1 / E / O / R / TN and [EXTENSION_FORM] is I-129 same-employer:
→ 240-day rule applies; continue work for [EMPLOYER_OR_SCHOOL]
§3 — H-4 DEPENDENT WORK AUTHORIZATION (EAD)
H-4 dependents of H-1B principals with approved I-140 may hold EAD under 8 CFR §274a.12(c)(26):
• EAD must be valid; check expiry separately from H-4 I-94
• Filing I-539 (H-4 extension) + I-765 (EAD renewal) together: USCIS practice has historically been to process both together
• Automatic 540-day EAD extension upon timely I-765 renewal filing (post-2024 policy update — verify)
• H-4 EAD does NOT permit work for any employer; must be with valid EAD card in hand for I-9 purposes
§4 — F-1 SPECIAL RULES
If [PRIOR_STATUS] is F-1: rules differ — F-1 is "Duration of Status" (D/S), not fixed I-94:
• No "240-day rule" because F-1 has no fixed I-94 date
• Continued enrollment per DSO terms continues status
• OPT EAD: separately processed; if expired before extension grant, work authorization ends
• Cap-Gap regulation (8 CFR §214.2(f)(5)(vi)) automatically extends F-1 + OPT to Oct 1 if H-1B picked in spring lottery + timely employer I-129 filing
§5 — TRAVEL DURING PENDING EXTENSION — No
CRITICAL: Departure abroad during pending extension is RISKY:
For I-129 H/L/O/R/E/TN extensions:
• Beneficiary CAN leave US during pending I-129 extension
• Upon return:
— If extension already approved + new I-797 issued + visa stamp valid: re-enter on new I-94
— If extension still pending + prior visa stamp valid: re-enter on prior I-94 (now expired) — may face CBP scrutiny; not recommended
— If prior visa stamp expired: must obtain new visa stamp at consulate before re-entry
• USCIS may issue RFE during travel — must respond from abroad
• Note: Some categories (H-1B same-employer same-role) tolerate travel better than others
For I-539 (B-2, F-1 reinstatement, H-4, L-2, etc.):
• USCIS Policy: I-539 is generally considered ABANDONED upon departure during pendency
• Travel during pending I-539 = application denied
• Exception: F-2 / H-4 / L-2 dependents whose principal travels with valid status may have nuanced treatment
If No indicates yes:
• For I-129 extension: travel possible but risky; check whether decision likely within days
• For I-539 extension: DO NOT TRAVEL — application will be deemed abandoned
• Consider Premium Processing for I-129 ($2,805) to get decision before travel
Recommendation table:
• [EXTENSION_FORM] = I-129 + No = "Yes" → Risky; Premium Process; ensure visa stamp valid
• [EXTENSION_FORM] = I-539 + No = "Yes" → DO NOT TRAVEL or application abandoned
• No = "No" → confirm
§6 — SOCIAL SECURITY + DRIVER'S LICENSE + REAL ID
• Social Security card: SSN itself does not expire; physical card may need replacement reflecting "valid only with USCIS authorization"
• Driver's license: state DMVs typically tie to I-94; some accept USCIS extension receipt
• Real ID: USCIS extension receipt may be acceptable in many states; check state DMV
• Banking: most banks accept USCIS receipt + prior visa
§7 — DECISION DAY SCENARIOS
When decision issues:
Approved:
• I-129: new I-797 Approval Notice + I-94 attached
• I-539: new I-797 Approval Notice + I-94 attached
• New I-94 retroactively bridges any gap from [PRIOR_I94_EXPIRY] to grant date
• Status formally restored; no unlawful presence accrual
• Visa stamp NOT renewed (separate consular trip required for travel)
Denied:
• Period of authorized stay ENDS on date of denial
• Unlawful presence begins accruing from denial date
• Within 33 days of denial (or shorter — check decision letter): depart OR file motion to reopen / appeal (limited)
• NTA (Notice to Appear in immigration court) increasingly issued for denials; consult attorney immediately
§8 — RED FLAGS TO MONITOR
• USCIS issues RFE (Request for Evidence) — respond within stated window (typically 33-87 days); failure = denial
• USCIS issues NOID (Notice of Intent to Deny) — 30 days to respond
• USCIS issues NTA — appearance required in immigration court
• H-1B beneficiary terminated by employer during 240-day rule: 60-day grace period under 8 CFR §214.1(l)(2) to find new employer or change status or depart
• Adjustment of status (I-485) filed: I-94 expiry rules differ; AOS applicants have separate "valid period" under 8 CFR §245.2
§9 — CRITICAL: VISA STAMP vs I-94 STATUS
Repeat for emphasis:
• I-129 / I-539 extends I-94 STATUS (right to remain in US)
• Does NOT renew the visa STAMP in passport
• For any departure + return, valid visa stamp required for re-entry
• Visa stamp must be obtained at US consulate ABROAD
• Automatic Visa Revalidation under 22 CFR §41.112(d) (limited to certain short Canada/Mexico trips with specific conditions)
End with: "DRAFT authorized stay advisory — for licensed US immigration attorney review. Verify current 8 CFR §274a.12(b)(20) 240-day rule applicability to [PRIOR_STATUS]; confirm I-539 abandonment policy on travel; check current Premium Processing pricing if expedited decision needed. The visa-stamp vs I-94 distinction is the most-misunderstood point for first-time consultees."Unlock the vault to see the full prompt