Yes, you can stay in the U.S. while your change of status petition is pending, but only if you file the right paperwork and meet specific conditions

If you are in the United States on a valid visa or status and you file a change of status petition with USCIS, you are generally allowed to remain in the country while the petition is being reviewed. This is called staying in status or maintaining lawful presence. However, the rules depend on what visa you currently hold, what status you are changing to, and whether you file the petition before your current status expires.

The key requirement is that your change of status petition must be filed before your current visa or authorized stay period ends. If you file on time, you can usually stay and work in the U.S. while USCIS makes a decision, even if your original visa expiration date passes during the review. This protection is called status protection or port-of-entry protection, depending on your situation.

Key Takeaways

  • You can stay in the U.S. during a change of status petition if you file before your current status expires and meet the conditions for the new status you are seeking.
  • Filing a change of status petition does not automatically give you work permission; you must also file Form I-765 (process for Employment Authorization) if you need to work while waiting.
  • If your change of status petition is denied, you may fall out of status when ready and become subject to deportation unless you file an appeal or leave the country.
  • Some visa categories (like H-1B, L-1, and F-1 student status) have specific rules about when and how you can change status; not all visas allow a change of status while in the U.S.
  • Traveling outside the U.S. while your change of status petition is pending can result in the petition being abandoned, so you should not leave without consulting an immigration attorney first.

What happens to your current status when you file a change of status petition

When you file a change of status petition with USCIS, your current visa status does not automatically end on the day your visa expires. Instead, USCIS places you in a holding period. As long as your petition is pending and you have not violated the terms of your current status, you are considered to be in lawful status even after your visa expiration date passes.

This protection only works if you filed your petition before your current status expired. If you wait until after your status ends, you will be out of status and cannot file a change of status petition from within the U.S. — you would have to leave and explore from your home country or another country.

Your current status also remains valid only if you follow the rules of that status. For example, if you are on an F-1 student visa and you stop attending school before filing your change of status petition, you could fall out of status even though your petition is pending. The same applies to work visas: if you stop working for your sponsoring employer, you may lose status.

Work authorization while your change of status petition is pending

Staying in the U.S. during a pending change of status petition does not automatically mean you can work. Your ability to work depends on your current status and whether you file a separate work authorization process.

If you are on an H-1B visa, you can continue working for your current employer while your change of status petition is pending, as long as your H-1B status remains valid. If you are on an F-1 student visa, you cannot work off-campus unless you file Form I-765 and receive an Employment Authorization Document (EAD). If you are on a B-1/B-2 visitor visa, you cannot work at all, even while a change of status petition is pending.

To work while waiting for a decision on your change of status petition, you must file Form I-765 (process for Employment Authorization) at the same time as your change of status petition, or shortly after. USCIS will review both applications together. If USCIS approves your I-765 before deciding on your change of status petition, you will receive an EAD that allows you to work for any employer, not just your sponsoring employer.

Which visa categories allow a change of status while in the U.S.

Not all visa types allow you to change status while remaining in the United States. Some visa categories require you to leave the country and explore for a new visa at a U.S. embassy or consulate abroad.

Visa categories that generally allow a change of status from within the U.S. include H-1B (specialty occupation worker), L-1 (intracompany transferee), O-1 (person with extraordinary ability), P-1 (athlete or entertainer), F-1 (student), and employment-based immigrant visas (EB-1, EB-2, EB-3). Some family-based immigrant visa petitions also allow a change of status from within the U.S.

Visa categories that do NOT allow a change of status from within the U.S. include B-1/B-2 (visitor), E-2 (treaty investor), and J-1 (exchange visitor). If you are on one of these visas and want to change status, you must leave the U.S. and explore for a new visa at a U.S. embassy or consulate.

What happens if your change of status petition is denied

If USCIS denies your change of status petition, your status protection ends when ready. You will revert to your previous status if it has not expired, or you will fall out of status if your previous visa has already expired.

If you fall out of status after a denial, you become deportable and USCIS can begin removal proceedings against you. You would then have limited options: you could file an appeal with the Administrative Appeals Office (AAO), leave the country voluntarily, or wait for USCIS to issue a Notice to Appear and defend yourself in immigration court.

Some denials can be appealed within 30 days of the denial notice. An immigration attorney can review your case and advise whether an appeal is worth pursuing. If you do not appeal and do not leave the country, you risk being placed in removal proceedings.

Traveling outside the U.S. while your change of status petition is pending

Leaving the United States while your change of status petition is pending is extremely risky and can result in your petition being abandoned. When you leave the U.S., USCIS may consider your petition withdrawn because you are no longer physically present in the country.

If you must travel outside the U.S. for an emergency or other urgent reason, you should file Form I-131 (process for Travel Document) and request an Advance Parole document before you leave. An Advance Parole document allows you to leave the U.S. and return without abandoning your pending petition. However, Advance Parole is not may provide and can take several weeks or months to process.

Even with Advance Parole, traveling while your change of status petition is pending can complicate your case and delay a decision. You should consult with an immigration attorney before making any travel plans.

How long change of status petitions typically take

The time it takes USCIS to decide a change of status petition varies widely depending on the visa category, your location, and current processing times. Employment-based change of status petitions can take anywhere from a few weeks to several months. Family-based petitions may take longer.

You can check current processing times on the USCIS website by entering your local USCIS office location. Processing times are updated regularly and can change based on staffing and workload. Some petitions are approved within weeks; others may take six months or longer.

While you are waiting, you should keep your address current with USCIS and respond promptly to any requests for additional information (called a Request for Evidence, or RFE). Failing to respond to an RFE within the important date can result in a denial of your petition.

Frequently Asked Questions

Can I change jobs while my change of status petition is pending?

It depends on your current visa category and the status you are changing to. If you are on an H-1B visa and changing to another H-1B position with a different employer, you may be able to file a new H-1B petition while your change of status petition is pending. However, you should consult an immigration attorney before changing employers, as doing so incorrectly can cause you to fall out of status.

What if my current visa expires before USCIS decides on my change of status petition?

If you filed your change of status petition before your current visa expired, you remain in lawful status even after your visa expiration date passes. Your status protection continues until USCIS makes a decision on your petition. However, you cannot leave the U.S. and return without an Advance Parole document, or your petition will be abandoned.

Do I need a lawyer to file a change of status petition?

You are not required to hire a lawyer, but immigration law is complex and mistakes can result in a denial or loss of status. Many people work with an immigration attorney to may support their petition is filed correctly and to avoid costly errors. Some employers provide legal information as part of their sponsorship process.

Can I stay in the U.S. if my change of status petition is still pending when I graduate or leave my job?

If you are on an F-1 student visa and you graduate or stop attending school, you may lose your status even if your change of status petition is pending. Similarly, if you are on a work visa and you stop working for your sponsoring employer, you may fall out of status. You should consult an immigration attorney before your current status ends to understand your options.