Applying for a green card can be a lengthy process, and many applicants continue living and working in the United States under temporary employment-based immigration status while their cases are pending. This can create an important concern: What happens if your work visa expires before your green card application is approved?



The answer depends on several factors, including your current immigration status, the type of green card application you filed, whether you have a pending adjustment of status application, and whether you have separate employment authorization. Understanding these distinctions can help you avoid unauthorized employment or other immigration complications.

A Pending Green Card Application Does Not Automatically Extend Your Work Visa

One of the most important points for immigrants to understand is that a pending green card case does not necessarily extend an existing work visa or nonimmigrant status.

For example, an individual working in the United States under an H-1B, L-1, O-1, or another employment-based classification may have a green card case underway. The expiration of that temporary status and the processing of the green card are generally separate immigration matters.

Depending on the circumstances, the worker or employer may need to pursue an extension or another immigration option before the temporary status expires.

Your Visa and Your Immigration Status Are Not Always the Same Thing

It is also important to distinguish between a visa stamp and your authorized immigration status in the United States. A visa placed in a passport generally relates to seeking admission into the country. The expiration date governing how long you may remain in the United States may instead be reflected on your Form I-94.

As a result, an expired visa stamp does not always mean that a person's authorized stay has expired. Reviewing the I-94 and other immigration documents is important when determining whether someone remains lawfully present and authorized to work.

A Pending Form I-485 May Affect Your Ability to Remain in the United States

For many applicants who are eligible to adjust status from within the United States, filing Form I-485, Application to Register Permanent Residence or Adjust Status, is a significant step.

A properly filed and pending adjustment of status application may generally allow an applicant to remain in the United States while U.S. Citizenship and Immigration Services (USCIS) decides the application, even if the applicant's underlying nonimmigrant status later expires. However, remaining in the country while Form I-485 is pending is not necessarily the same as maintaining the underlying work visa status.

This distinction can have important consequences, particularly if the green card application is ultimately denied.

Can You Keep Working After Your Work Visa Status Expires?

Not necessarily. Permission to remain in the United States and permission to work are separate issues.

If your employment authorization was based exclusively on temporary work status, you should not assume that a pending green card application automatically allows you to continue working after that authorization ends.

Many adjustment-of-status applicants may be eligible to apply for an Employment Authorization Document (EAD). An EAD can provide separate authorization to work while the adjustment application remains pending, subject to applicable eligibility requirements and USCIS rules.

Because unauthorized employment can create immigration problems in some cases, applicants should understand their work authorization before continuing employment after their temporary status ends.

Should You Extend Your Existing Work Status?

Some green card applicants may have the option to maintain or extend their existing nonimmigrant status while their permanent residence application is pending. Whether doing so is possible or advisable depends on the particular visa classification and the applicant's circumstances.

Maintaining valid underlying status may provide additional protection if an adjustment application encounters delays or is denied. Certain employment-based classifications also have rules that can accommodate immigrant intent, while others may present additional complications.

Immigration strategies should therefore be evaluated based on the individual's visa category, green card process, employment situation, and travel plans.

Be Careful About International Travel

Travel outside the United States while a green card application is pending requires careful planning. Depending on the applicant's immigration classification and circumstances, leaving the country without appropriate documentation could affect a pending adjustment application.

Some applicants obtain advance parole before traveling. Certain visa holders may be subject to different rules. Before making international travel

arrangements, it is important to understand how departure and reentry could affect both temporary immigration status and a pending green card case.

What Should You Do Before Your Work Authorization Expires?

Waiting until the expiration date can limit your available options. If your work visa or employment authorization will expire while your green card is pending, consider reviewing your immigration situation well in advance.

Important questions may include whether your current status can be extended, whether your Form I-485 has been properly filed, whether you qualify for an EAD, whether your employer needs to take action, and whether upcoming international travel could affect your case.

Immigration rules vary significantly depending on the type of visa and green card application involved, so there is no single solution that applies to every applicant.

Speak With an Immigration Attorney About a Pending Green Card and Expiring Work Visa

An expiring work visa does not automatically mean that your green card application will end, but it can affect your ability to remain employed, travel, or maintain an independent immigration status while waiting for a decision.

At Law Office of Linda J. Lin, P.C., we provide legal assistance to immigrants throughout the United States facing questions about work visas, employment authorization, adjustment of status, and green card applications. If your work visa is approaching its expiration date while your green card is pending, obtaining guidance before your status or employment authorization expires can help you understand your available options.

Contact Law Office of Linda J. Lin, P.C. to discuss your immigration circumstances and the steps you may be able to take while your green card application is pending.