Payroll Error After 240-Day Rule Expiry Raises Immigration Compliance Questions

An H-1B visa holder has raised concerns after their employer's payroll department mistakenly processed a salary payment approximately two months after the worker's 240-day cap on continued employment expired while awaiting a USCIS renewal decision. The worker has not performed any work during this period and is now seeking guidance on how to handle the erroneous payment. Under USCIS regulations, H-1B employees whose extension petitions are pending may continue working for up to 240 days past their visa expiration date. Once that window closes without a USCIS decision, the worker loses authorization to work for that employer. The employer's finance department reportedly processed the payment to ensure all employees received their contracted amounts, regardless of work performed. The worker is concerned that accepting the payment may constitute a violation of immigration law, potentially implicating both themselves and their employer. They are actively working to reverse the bank transaction and are seeking confirmation that this step alone would be sufficient to remedy the situation. While this case specifically involves an H-1B worker, the underlying compliance principles are relevant to EB-3 applicants in similar adjustment-of-status or extension scenarios. Maintaining lawful status often depends on strict adherence to employment authorization timelines, and inadvertent payments could complicate immigration records. Reversing the payment may be a necessary first step, but legal counsel can assess whether additional reporting or documentation is required to avoid adverse immigration consequences.