Applying for a green card can be a lengthy process, and immigrants who are working in the United States may face an important concern while they wait: What happens if a work visa expires while a green card application is still pending?

A pending green card application does not automatically extend every type of work visa or provide unlimited authorization to remain employed. Immigration status and employment authorization can depend on the type of visa, the green card process being used, and whether additional applications have been properly filed.

At Law Offices of Joseph Urso, we provide immigration legal assistance to individuals and families navigating the U.S. immigration system, including matters involving work visas, employment authorization, adjustment of status, and green card applications.

Does a Pending Green Card Application Extend Your Work Visa?

Generally, simply having a pending green card case does not automatically extend an expiring nonimmigrant work visa or employment authorization.

For example, individuals in employment-based classifications such as H-1B, L-1, O-1, or other temporary work statuses may need to maintain valid status or obtain an appropriate extension while their green card case moves forward. The rules can differ significantly depending on the immigration category and stage of the green card process.

It is important to distinguish between immigration status and employment authorization. A person may be permitted to remain in the United States while an adjustment of status application is pending but still need separate authorization before legally working.

Can You Stay in the United States With a Pending Adjustment of Status Application?

For many applicants who have properly filed Form I-485, Application to Register Permanent Residence or Adjust Status, a pending application can generally allow them to remain in the United States while U.S. Citizenship and Immigration Services (USCIS) considers the case.

However, this does not necessarily mean the applicant continues to hold the same underlying nonimmigrant status after that status expires.

Maintaining valid nonimmigrant status may offer important benefits in some circumstances. Because each immigration case is different, applicants should carefully evaluate the consequences of allowing an existing work status to expire.

Can You Continue Working After Your Work Visa Expires?

You should not assume that a pending green card application automatically allows you to continue working.

Some adjustment of status applicants may apply for an Employment Authorization Document (EAD) by filing Form I-765. If USCIS approves the application, the EAD can provide independent authorization to work while the green card case remains pending.

Depending on the circumstances, certain applicants may also be eligible to continue working through an extension of their existing employment-based status.

Working without authorization can create immigration complications. Employees approaching the expiration date of their work authorization should consider their options well before that date arrives.

Should You Renew or Extend Your Work Visa While Waiting for a Green Card?

In some situations, maintaining or extending an existing work status may be beneficial even when an adjustment of status application is pending.

For example, certain visa categories may provide applicants with an additional layer of immigration protection if complications arise with the green card application. Maintaining status can also affect employment, international travel, and other immigration considerations.

Whether an extension is appropriate depends on factors such as:

• The type of work visa you currently hold
• When your authorized stay expires
• Whether Form I-485 has been filed
• Whether you have a valid EAD
• Your employer's willingness and ability to file an extension
• Your plans for international travel
• The specific basis for your green card application

Because immigration timelines can change, planning ahead can help reduce the risk of an interruption in employment authorization.

What About Traveling While Your Green Card Is Pending?

International travel is another issue to consider when a work visa is expiring.

Some adjustment of status applicants may need advance parole before leaving the United States. Departing without the appropriate travel authorization can, in certain circumstances, result in USCIS treating an adjustment application as abandoned. Different rules may apply to certain individuals maintaining H-1B or L-1 status.

Before traveling internationally with a pending green card application, it is important to understand how departure and reentry could affect your case.

What Should You Do Before Your Work Visa Expires?

Immigration issues are often easier to address before a deadline passes. If your work visa or employment authorization will expire while your green card application is pending, consider reviewing your immigration situation as early as possible.

This may include determining whether you qualify for a visa extension, checking the status of an EAD application, reviewing your adjustment of status filing, and evaluating whether travel could create additional concerns.

Allowing immigration documents to expire without understanding the consequences can lead to employment interruptions and other complications.

Contact Law Offices of Joseph Urso for Immigration Assistance

Waiting for a green card can already involve considerable uncertainty. An approaching work visa expiration can make the process even more complicated.

At Law Offices of Joseph Urso, we provide legal assistance to immigrants throughout the United States who are navigating work visas, green card applications, adjustment of status, employment authorization, and other immigration matters.

If your work visa is expiring while your green card is pending, seeking legal guidance before the expiration date can help you understand your available options and take appropriate steps to protect your ability to live and work in the United States.