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

The answer depends on several factors, including your current immigration status, whether you filed an adjustment of status application, and whether you have separate authorization to continue working. Because immigration circumstances vary significantly, understanding your status before your visa expires can help you avoid problems that could affect your ability to remain or work legally in the United States.

Does a Pending Green Card Application Automatically Extend a Work Visa?

Generally, filing a green card application does not automatically extend the expiration date of an existing work visa. Temporary employment-based classifications, such as H-1B and L-1 status, have their own requirements and expiration dates.

However, an individual who has properly filed Form I-485, Application to Register Permanent Residence or Adjust Status, may be permitted to remain in the United States while that application is pending, even if the person's underlying nonimmigrant status later expires.

The distinction between having a pending adjustment of status application and maintaining a particular nonimmigrant status can be important. Applicants should understand exactly what immigration status or authorized period of stay applies to their circumstances.

Can You Continue Working After Your Work Visa Expires?

Being permitted to remain in the United States while a green card application is pending does not necessarily mean you are automatically permitted to continue working.

Some applicants may obtain an Employment Authorization Document (EAD) based on a pending Form I-485. An EAD can provide separate authorization to work while the green card application remains under review.

Other applicants may continue working based on a valid employment-based nonimmigrant status or an appropriately filed extension. Whether you can legally continue working depends on your individual circumstances and the immigration documentation you hold.

Working without proper authorization can create immigration complications, so it is important to verify your employment eligibility before continuing to work after your existing authorization expires.

Should You Extend Your Existing Work Status?

Depending on your circumstances, maintaining or extending an existing employment-based immigration status may provide additional protection while your green card case is pending.

Green card applications can encounter delays, requests for additional evidence, or other complications. Maintaining an underlying nonimmigrant status, when available and appropriate, may provide another basis for remaining and working in the United States.

Not every applicant has the same options, however. Eligibility for an extension can depend on the visa category, employment circumstances, immigration history, and stage of the green card process.

What About Traveling Outside the United States?

International travel can also become complicated while an adjustment of status application is pending.

Certain applicants may need advance parole before leaving the United States. Departing without the appropriate documentation can, in some circumstances, result in USCIS treating a pending adjustment application as abandoned.

Different rules or exceptions may apply to certain visa holders. Before traveling internationally while a green card application is pending, applicants should determine how departure could affect their case and their ability to return to the United States.

What If Your Green Card Application Is Denied?

A pending adjustment of status application can allow certain applicants to remain in the United States during processing, but it does not guarantee permanent residence.

If the application is denied after the applicant's previous nonimmigrant status has expired, the person's immigration options may become significantly more complicated. This is one reason some applicants consider maintaining valid underlying immigration status when legally possible.

Reviewing your situation before your work visa expires can help you identify potential risks and determine whether extensions, employment authorization, or other immigration options may be available.

Avoid Immigration Problems While Your Green Card Is Pending

Immigration deadlines can have serious consequences. If your work visa is approaching expiration while your green card is pending, consider reviewing your immigration documents well before the expiration date. Important issues can include your authorized stay, employment authorization, visa extension eligibility, adjustment of status application, and travel plans.

Taking action early may provide more options than waiting until after your immigration documents have expired.

Contact Lively Law Firm for Immigration Assistance

If your work visa is expiring while your green card is pending, understanding your rights and responsibilities can be critical. Immigration rules concerning adjustment of status, employment authorization, visa extensions, and international travel can vary depending on the facts of each case.

At Lively Law Firm, we provide legal assistance to immigrants throughout the United States. We can review your immigration circumstances, explain potential options, and help you navigate the green card process.

Contact Lively Law Firm to discuss your immigration case and learn more about your options while your green card application is pending.