Current regulations allow for nonimmigrant workers in certain statuses (A-3, E-1, E-2, E-3, G-5, H-1B, H-1B1, H-3, L-1, O-1, O-2, P-1, P-2, P-3, and, TN) to continue authorized employment with the same employer for up to 240 days after the status has expired if the employer has timely filed an extension of stay request and it remains pending.

Due to current processing times, as of April 21, 2016, USCIS is now allowing petitioners that file Form I-129, requesting either an extension of status or a change of employer, to contact USCIS after the petition has been pending for 210 days or more, for a status inquiry based upon the petition being outside of normal processing times.

The employer, or attorney of record, may submit the inquiry by calling the National Customer Service Center at 1-800-375-5283. When making the inquiry, please ensure that the original receipt number can be provided.