Is Your H1B Safe From Legal Loopholes

The clock is ticking. An H1B visa and I-94 are both set to expire in just a month—and there’s no premium processing available.

A standard extension petition has been filed, but that means waiting—weeks, maybe even months—without any clarity on what’s going to happen in the meantime.

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The employer reassures that there’s nothing to worry about. The belief is straightforward: as long as the extension is filed on time, you can keep working for up to 240 days—even if the I-94 has expired.

That 240-day rule is indeed real, but it only kicks in if the petition is submitted before the current I-94 expires. During this period, you can continue working legally, but only with the same employer and in the same position.

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Here’s where it gets complicated: staying in the U.S. after the I-94 expires with just a receipt doesn’t automatically mean you’re “in status.” It simply means that the pending petition allows you to keep working, but traveling outside the country—or even something as simple as renewing your driver’s license—could become a hassle.

Even domestic travel, especially by air, can raise eyebrows. TSA agents might ask for valid ID or proof of status—and a receipt notice doesn’t guarantee a smooth journey.

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Once USCIS approves the petition, the I-94 gets updated if the petition is granted with a new I-94. But until that happens, you’re in a grey area—technically allowed to work, but living in uncertainty.

This is how the system feels. It’s not broken, but it’s designed to keep people constantly checking timelines, counting days, and asking around for what’s “usually” done.

There’s a quiet gamble in relying on normal processing. When everything is by the book, but the book leaves people guessing.




And that’s the real issue—not just the wait, but the silence that comes with it. Not knowing if a simple weekend flight could turn into a conversation no one wants to have.