H-1B renewal: 240 days rule implications

Question

I am puzzled about this extract from the USCIS H-1B information page.

By law, the timely filing of an extension request automatically “locks in” the foreign national’s legal status and ability to work for the sponsoring employer for a period of 240 days beyond the date upon which the H-1B status expires.

It clearly states that the rule grants you the ability to keep working for your sponsoring employer but what else does it actually "locks in" implies:

• Does it imply that you cannot change employers during that time, even after getting the visa extension?
• Does it imply that you cannot change your legal status (like to married, or father) during that time.

Thanks!

Answer 1

This page talks about extending the H1b status beyond the statutory limit of maximum of 6 years. This is only available for people who have a pending I-140 petition or AOS pending for more than a year.

What the quote says is that under these circumstances, filing an H1b extension extends your legal status for another 240 days (more specifically, extends your employment authorization for the same employer: here's the official rule). That is your immigration status. I.e.: your H1b status.

You can change employers (once the extension is approved), but since you have an I140/AOS pending you should do that considering your immigration petition. If the employer cancels your pending I140 petition, you will no longer be eligible for H1b extensions since you're more than 6 years in the status in this scenario and no longer have an immigration petition pending. There are conditions under which you can move to a new employer with the immigration petition (AC21 rules), but you need to be aware of what and how you're doing in order to not screw that up.