What Happens when an Applicant Files an Extension of Status and Subsequent Applications?

Angelica Rice • June 15, 2021

Click here to read this article in Portuguese

   Everyone knows that the government requires any and all applications filed to be submitted “on time”. 


   However, what exactly does “on time” or “timely filing” mean? This phrasing and terminology may be confusing to many applicants, as not all applications have a clear filing deadline, and not all filing circumstances are uniform.

   

   Oftentimes, there is a necessity to file more than one application for an applicant. Sometimes these applications will be filed at the same time, but other times, spontaneous circumstances occur that necessitate a second or subsequent filing of an additional application.      

     For example, an applicant is here in the United States on a B-2 visa. These visas have a certain expiration date, and in order to extend your status you must file an application to extend status (Form I-539) before that expiration date. Let's say that the applicant “timely” (before the expiration date of his current visa and I-94) files his I-539, application for extension of status. However, a month or so later, after his B-2 visa and I-94 have expired and while the extension application is still pending, he has a new opportunity and decides to file an I-129 petition, for an E-2 visa. Additionally, he has to file an additional I-539, application to change status, because he will now be changing from his current B-2 status, to his new E-2 status, once the E-2 visa is approved. 


*Note: the application for an extension of status (EOS) and change of status (COS) are the same form, I-539* 


     Now the hypothetical applicant has three (3) applications pending with USCIS, two of which were filed after his current status expired. Will USCIS accept these applications, as they were not “timely” filed? 


     The answer is, a pending application does not confer lawful immigration status on an applicant. However, due to the pending I-539 application that was timely filed before the expiration of the I-94, the applicant is in an “authorized period of stay” and is able to remain in the US until their application has been adjudicated. 

*Note the difference between “lawful status” and “authorized period of stay”, one only obtains “lawful status” once they have been granted an immigration benefit (aka. Once their application has been approved)*


     An applicant may file an additional application after expiration of his or her nonimmigrant status while the applicant’s timely-filed EOS or COS application is pending. In such cases, the officer should defer adjudication of the additional application until USCIS adjudicates the EOS or COS application. If USCIS ultimately approves the EOS or COS application, then the applicant is considered to be in lawful immigration status on the date the additional application is filed. If USCIS denies the EOS or COS application, then the applicant is generally considered to be in unlawful immigration status as of the expiration of the applicant’s current nonimmigrant status and likewise on the date the adjustment application is filed. 


     Basically, USCIS will adjudicate the extension application first, and hold off on adjudicating the subsequent applications, as they were not “timely filed”. It won’t be until a decision on the extension application is made, that USCIS will determine if it can move forward with adjudicating the subsequent applications. 



This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.



Angelica Rice

Why You Should Still Consider Coming to the United States—Despite Changing Immigration Policies

By Shirin Navabi • August 14, 2025
It’s no secret that the U.S. immigration system has faced increased scrutiny and change in recent months. From evolving policies to headlines filled with uncertainty, it’s understandable that many individuals are left wondering: Is this still the right time to pursue a future in the United States? The answer is yes—and here’s why. Despite the shifting political landscape, the core structure of U.S. immigration law remains firmly in place. While the process may appear more complex or demanding than it once was, the legal pathways to live, work, and thrive in the United States are still open and accessible to those who take the proper steps. What often gets lost in the conversation is that the United States remains a country built on innovation, creativity, and resilience. It continues to attract global talent, entrepreneurs, artists, and professionals from all walks of life. Whether you are launching a business, advancing your career, or seeking a better life for your family, the United States offers unparalleled opportunities to those who are prepared and determined. Much of what makes the United States a global economic and technological leader today is the direct result of contributions made by immigrants. Nearly half of the current Fortune 500 companies were founded by immigrants or their children. Immigrant entrepreneurs have long been an essential part of America’s economic success story. Some of the largest and most recognizable American companies were founded by immigrants or the children of immigrants. This includes household names such as Apple and Costco. Moderna, the pharmaceutical company and vaccine producer, was founded by a Canadian-born stem cell biologist, Derrick J. Rossi, whose parents themselves emigrated from Malta. These success stories are not outliers; they are part of a broader pattern that reflects the drive, innovation, and resilience that immigrants bring to the country. The United States also offers one of the most dynamic and diverse economies in the world. It is a place where hard work, fresh ideas, and entrepreneurial vision are rewarded. For creative professionals, business leaders, and investors, the United States provides a unique platform to grow, connect, and gain global influence. Its competitive marketplace, access to capital, and culture of innovation create unmatched opportunities for those ready to seize them. While the immigration process requires careful planning, that process is far from impossible. Indeed, having strong legal guidance is one of the most effective advantages an applicant can possess. Immigration law is complex, and each case must be evaluated individually. A clear, strategic plan tailored to your background and goals can significantly improve your chances of success. What may feel like a hurdle at first glance is often navigable with solid preparation and documentation. At our immigration law firm, we have had the privilege of assisting individuals from all over the world as they navigate these complexities. Time and again, we have witnessed how determination, careful preparation, and experienced legal counsel can turn uncertainty into opportunity and help transform a vision for the future into reality. If you have been uncertain about whether to move forward, let this be your sign to take the next step. The United States is still a land of possibilities. If you are ready to take that step, now is the time to act. Let us build your path forward together.

DHS Terminates TPS for Honduras, Haiti, Nepal, Nicaragua & Cameroon

By Denice Flores • August 8, 2025
The U.S. Department of Homeland Security (DHS) has announced the termination of Temporary Protected Status (TPS) for nationals from Honduras, Nicaragua, Nepal, Haiti, and Cameroon. These longstanding protections are set to expire, putting many individuals at risk of deportation.

The Secret Weapon in Your O-1A or EB-1A Petition: A Powerful Letter of Recommendation

By Shirin Navabi • July 17, 2025
For individuals applying under the O-1A or EB-1A categories , both reserved for professionals with extraordinary ability, letters of recommendation are a critical part of the petition. These expert testimonial letters offer valuable insight into your accomplishments, reputation, and influence within your field. When written properly, they help demonstrate that you truly stand out as someone who has risen to the very top of your profession. Many petitions submitted by highly accomplished individuals fall short because the recommendation letters are vague, overly personal, or fail to clearly explain why the applicant meets the legal standard of extraordinary ability. That is why taking the time to prepare your recommenders effectively is not just helpful. It is essential to build a strong and persuasive case. First, it is important to help your recommenders understand the purpose of the letter . This is not a casual reference or character recommendation. It is a formal declaration to U.S. Citizenship and Immigration Services that you possess extraordinary ability in your area of expertise. The letter must describe your achievements in concrete terms and explain why your work has had a significant impact and recognition within your field. Many professionals, no matter how accomplished, are unfamiliar with the specific requirements of the O-1A and EB-1A categories. It is helpful to provide them with a short explanation of what is needed, and in some cases, a sample or outline to guide them. Selecting the right recommenders is just as critical as the content of the letters themselves. While USCIS gives greater weight to letters from independent experts, independence should not be confused with distance. The ideal recommender is someone who knows your work well and can provide specific and credible insight into your contributions, impact, and reputation in the field. A letter from someone who barely knows you, or one that focuses more on the recommender’s own accomplishments than yours, is unlikely to carry much weight with USCIS. A common mistake is submitting letters that read more like summaries of the recommender’s resume than a meaningful evaluation of your achievements. While a brief introduction of the recommender’s qualifications is important to establish credibility, the focus must remain squarely on you , your work, your innovation, and the ways in which your impact is considered extraordinary. The strongest letters go beyond general praise. They include clear and detailed examples of how your contributions have influenced others in your field or led to measurable outcomes. To make the letter as accurate and persuasive as possible, you should provide your recommenders with a summary of your most important professional milestones. This might include major awards, media coverage, patents, publications, notable leadership roles, or metrics showing the commercial or scientific success of your work. Well-prepared recommendation letters serve as both evidence and narrative. They help fulfill specific legal requirements and also tell the story of how and why your work has earned you distinction. In a category defined by terms like extraordinary ability, it is important that every part of your petition reinforces that standard. At Santos Lloyd Law Firm, we work closely with our clients and their recommenders to develop strong and compelling testimonial letters that meet USCIS expectations and highlight each applicant’s unique contributions.
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