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 visas while their applications are pending. If your work visa is approaching its expiration date before U.S. Citizenship and Immigration Services (USCIS) has made a decision on your green card, you may understandably be concerned about your immigration status and ability to continue working.

A pending green card application does not automatically extend every type of work visa or provide unlimited authorization to remain employed. What happens next depends on factors such as your current immigration status, whether you filed for adjustment of status, whether you have a valid

Employment Authorization Document (EAD), and the circumstances surrounding your green card application.

Does a Pending Green Card Application Extend Your Work Visa?

Generally, filing or having a green card application pending does not automatically extend an expiring nonimmigrant work visa. Employment-based visas, including H-1B, L-1, O-1, and other classifications, have their own expiration dates and requirements.

It is also important to distinguish between a visa and immigration status. A visa is generally used to seek entry into the United States, while your authorized status inside the country is typically reflected by your admission record and other immigration documentation. Because these concepts are different, an expired visa stamp does not necessarily mean that your lawful status in the United States has ended.

Applicants should determine exactly which document or immigration authorization is expiring before deciding what action to take.

Can You Stay in the United States While Your Green Card Is Pending?

If you have properly filed Form I-485, Application to Register Permanent Residence or Adjust Status, you may generally remain in the United States

while the adjustment application is pending, even if your underlying nonimmigrant status later expires. However, maintaining an underlying status can still provide important benefits and may be advisable depending on your circumstances.

Not every green card applicant files Form I-485. Some applicants pursue permanent residence through consular processing outside the United States.

The rules for maintaining lawful status can therefore differ substantially based on the green card process being used.

Can You Continue Working After Your Work Authorization Expires?

The right to remain in the United States and the right to work are separate issues. Even when an applicant is permitted to remain while an adjustment application is pending, that does not necessarily mean the applicant can continue working after existing employment authorization expires.

Many adjustment-of-status applicants may apply for an EAD by filing Form I-765. An approved EAD can provide independent employment authorization while the green card case is pending.

Some applicants may also qualify for extensions of their existing employment-based status. For example, certain H-1B workers pursuing employment-

based permanent residence may qualify for extensions beyond the usual limits when statutory requirements are satisfied.

Continuing to work without valid authorization can create serious immigration consequences. Applicants should confirm that they have valid employment authorization before continuing employment.

What If Your EAD Is About to Expire?

Green card processing can take months or longer, making EAD expiration an important concern for many applicants. Depending on the EAD category and applicable USCIS rules, a timely filed renewal application may qualify for an automatic extension of employment authorization.

Eligibility for an automatic extension is not universal. Applicants should review their individual EAD category, filing date, receipt notice, and current USCIS requirements rather than assuming they may continue working.

Planning ahead can help reduce the risk of an interruption in employment authorization while a green card application remains pending.

Should You Maintain Your Existing Nonimmigrant Status?

When possible, some applicants choose to maintain their underlying employment-based status while their adjustment-of-status application is pending. Doing so may provide an additional layer of protection if complications arise with the green card application.

Whether maintaining H-1B, L-1, or another status is appropriate depends on the individual's circumstances. Immigration decisions can also affect international travel, employment changes, and future immigration options, making it important to consider the broader consequences before allowing an existing status to lapse.

What About Traveling Outside the United States?

International travel can create additional concerns for someone with a pending adjustment-of-status application. Depending on the applicant's immigration classification and circumstances, leaving the country without appropriate travel authorization may result in the adjustment application being treated as abandoned.

Some applicants obtain Advance Parole before traveling, while certain individuals maintaining particular nonimmigrant classifications may be subject to different rules.

Before leaving the United States while a green card is pending, applicants should determine how travel could affect both their adjustment application and their ability to return.

What Should You Do If Your Work Visa Is Expiring?

If your work visa or underlying employment status is nearing expiration while your green card is pending, review your immigration documents as early as possible. Potential options may include extending your current nonimmigrant status, renewing an EAD, applying for employment authorization based on a pending adjustment application, or taking other steps appropriate to your case.

Immigration rules are highly dependent on individual circumstances. Deadlines, employment changes, travel, and lapses in authorization can all affect a pending case.

Contact Carlsen Immigration PLLC for Immigration Assistance

If your work visa is expiring while your green card is pending, understanding your options before the expiration date can help you protect your ability to live and work lawfully in the United States.

At Carlsen Immigration PLLC, we provide legal assistance to immigrants navigating the U.S. immigration system. Whether you have questions about a pending green card, employment authorization, work visa extension, adjustment of status, or another immigration matter, our firm can review your circumstances and help you understand the options that may be available.

Contact Carlsen Immigration PLLC to discuss your immigration case and the steps you may be able to take while waiting for a green card decision.