Waiting for a green card can be a lengthy process, and immigrants working in the United States may worry about what happens if their work visa expires before U.S. Citizenship and Immigration Services (USCIS) decides their green card application. If you live or work in Miami, understanding the difference between your immigration status, authorized stay, and employment authorization can help you avoid potentially serious immigration problems.

At Gurian Group, P.A., located in Miami, we provide legal assistance to immigrants navigating green card applications, work visas, employment authorization, and other U.S. immigration matters.

Does a Pending Green Card Application Extend Your Work Visa?

Generally, filing a green card application does not automatically extend an underlying nonimmigrant work visa or status. The consequences of a visa or status expiration depend on the type of immigration status you hold, the basis for your green card application, when your application was filed, and whether you have other authorization to remain and work in the United States.

For individuals who have properly filed Form I-485, Application to Register Permanent Residence or Adjust Status, USCIS generally

considers the period while the adjustment application is pending to be a period of authorized stay for purposes of unlawful presence.

However, having a pending adjustment application is not necessarily the same as maintaining your previous nonimmigrant status.

Can You Continue Working After Your Work Authorization Expires?

This is one of the most important distinctions to understand. Permission to remain in the United States while an adjustment application is pending does not necessarily give you permission to continue working.

Applicants with a pending Form I-485 may be eligible to apply for an Employment Authorization Document (EAD) by filing Form I-765. USCIS materials distinguish between people who have pending immigration applications and are employment authorized and those who have pending applications but are not authorized to work.

Therefore, you should not assume that a pending green card application allows you to continue working after your existing

employment authorization expires. Unauthorized employment can create immigration complications, and its consequences vary depending on the individual's circumstances and the basis for adjustment.

What Is an Employment Authorization Document?

An EAD is a document issued by USCIS that demonstrates authorization to work in the United States for a specified period. Many adjustment-of-status applicants can request an EAD based on their pending Form I-485.

An EAD based on a pending adjustment application can provide an alternative source of employment authorization while USCIS processes the green card case. USCIS confirms that eligible applicants with pending adjustment applications may seek employment authorization.

Because processing times can vary, immigrants should consider their employment authorization situation well before their current authorization expires.

Should You Maintain Your Existing Nonimmigrant Status?

Depending on the circumstances, maintaining an underlying work-authorized nonimmigrant status, such as H-1B or L-1 status, may have important advantages even after filing Form I-485.

Every case is different. Whether maintaining or extending an existing status is appropriate can depend on the type of visa, employment situation, green card category, processing stage, and plans for international travel.

A Miami immigration attorney can review these factors and explain how the expiration of your current status may affect your particular green card case.

Be Careful About Traveling While Your Green Card Is Pending

International travel is another important consideration for adjustment-of-status applicants. Leaving the United States while Form I-485 is pending can, in some circumstances, cause USCIS to treat the application as abandoned.

USCIS states that many adjustment applicants generally need approved advance parole before departing the United States. Certain individuals maintaining H, L, V, or K-3/K-4 nonimmigrant status may fall under an exception if they satisfy the applicable requirements.

Before traveling internationally while a green card application is pending, it can be important to determine exactly which rules apply to your immigration status.

What Should You Do If Your Work Visa Is About to Expire?

If your work visa or employment authorization is approaching its expiration date while your green card case remains pending, review your immigration documents as early as possible. Depending on your circumstances, options may include extending or maintaining an existing nonimmigrant status or applying for employment authorization based on a pending adjustment application.

Avoid assuming that the pending green card application automatically protects every aspect of your immigration situation. Authorized stay, lawful nonimmigrant status, and employment authorization are related but distinct immigration concepts.

Speak With a Miami Immigration Attorney at Gurian Group, P.A.

Immigration cases involving an expiring work visa and a pending green card application can raise questions about employment, immigration status, travel, and continued eligibility for adjustment of status.

At Gurian Group, P.A., we provide immigration legal assistance to individuals and families in Miami and throughout the United States. We can review your immigration history, current work authorization, pending green card application, and available options.

If your work visa is expiring while your green card is pending, contact Gurian Group, P.A. to discuss your situation and the steps that may be available under U.S. immigration law.