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.



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Angelica Rice

2026 Visa Freeze and Travel Bans

By Juliana LaMendola • March 13, 2026
On January 14, 2026, the Trump administration announced a freeze on immigrant visa issuance for nationals of 75 countries . The administration states that this “visa freeze” is intended to review security protocols, “reduce risks,” and control immigration flows. However, the immediate reality is that this change in policy has temporarily suspended visa processing and restricted travel for applicants from numerous countries across the globe. While the legal landscape surrounding these suspensions is highly fluid and subject to change, it is important to consider how this “visa freeze” might impact your current status or immigration plans. The scope of the restrictions varies drastically depending on your country of origin and specific visa category. Most notably, a nationality-based travel ban restricts visa issuance for 19 countries : Afghanistan, Burma, Chad, Republic of Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, Yemen, Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela. Beyond this targeted ban, a broader freeze affects applicants from a designated list of up to 75 countries, leading to indefinite delays for many visa petitions. However, it is important to note that immigrant visa applications first need to be processed through USCIS, which has not paused processing applications from the 75 countries. Thus, it is important to contact an attorney to understand at what point in the process this visa freeze may affect your case. While Brazil is included in the list of 75 countries, at the time of this publication, the freeze does not include non-immigrant visas for Brazil . Non-immigrant visas are granted to foreign nationals seeking to enter the United States on a temporary basis for specific purposes, such as tourism, studying, or temporary work. This means that Brazilian applicants can still safely pursue non-immigrant employment options, such as O visas for individuals with extraordinary ability or P visas for internationally recognized athletes, without being subjected to the current travel bans or suspensions. This alert is for informational purposes only and does not constitute legal advice. There are many changes and uncertainties, so please consult with a qualified attorney at Santos Lloyd Law Firm, P.C. to understand how these evolving policies might affect your specific case

The 2026 RFE Surge

By Denice Flores • March 6, 2026
Recent data in 2026 shows a sharp increase in Requests for Evidence across employment-based visa categories such as EB-1, EB-2 NIW, O, and H-1B. Requests for Evidence (RFEs) are no longer reserved for borderline cases; even robust petitions for high-level talent are facing unprecedented scrutiny. The expansion of the USCIS Vetting Center means automated tools are cross-referencing every petition, triggering RFEs for even the smallest inconsistencies. For EB-2 NIW petitions, adjudicators are increasingly questioning the "National Importance" of a candidate’s endeavor. Even for those with impressive credentials, USCIS now demands evidence of how their work specifically benefits the U.S. on a prospective basis. For O-1A and O-1B visas, officers are applying narrower interpretations of "distinction" and "extraordinary ability," often mischaracterizing evidence already present in the record. Additionally, a troubling 2026 trend is the correlation between Premium Processing and RFEs . For discretionary categories like EB-1A and EB-2 NIW, Premium Processing has increasingly become a "fast track" to a poorly reasoned RFE. Reports indicate that adjudicators, pressured by 15-business-day timelines, may be relying on AI-assisted vetting tools that trigger automated RFEs with general and boilerplate language, rather than a thorough review and analysis of supporting documents and evidence filed. With USCIS employing more rigorous AI-driven vetting and a narrower interpretation of visa criteria, the margin for error has disappeared . As such, ensure you consult with an experienced immigration attorney before filing a petition. ' If you have any questions, please schedule a consultation with one of our experienced attorneys, and we will be more than happy to assist you.

Navigating the Surge in Temporary Protected Status (TPS) Terminations and Litigation: What You Need to Know

By Juliana LaMendola • February 19, 2026
In recent weeks, the U.S. government has moved to terminate Temporary Protected Status (TPS) for multiple countries, sparking a wave of last-minute litigation and creating significant uncertainty for beneficiaries. This shift is having a profound impact on those who rely on TPS for lawful presence and work authorization in the United States. Across the country, federal courts have intervened to pause or block scheduled TPS terminations for several countries, including Burma (Myanmar), Ethiopia, Haiti, South Sudan, and Syria. In response to these court orders, USCIS has updated its webpages to indicate that TPS status and related Employment Authorization Documents (EADs) are extended for these populations. However, USCIS is intentionally not providing specific new end dates for EAD validity while the litigation remains in flux. The Department of Homeland Security (DHS) has prominently noted that it "vehemently disagrees" with these court orders and is actively working with the Department of Justice on next steps. This legal landscape remains highly unpredictable and varies drastically depending on the country of origin. For example, on February 9, 2026, the 9th Circuit Court of Appeals granted a stay allowing the government to proceed with the termination of TPS for Nicaragua, Honduras, and Nepal while the underlying legal challenges continue. Because of this ruling, the automatic extension of work authorization for these individuals has ended, and employers are now required to reverify the work authorization of affected employees, who must present alternative valid documentation to continue their employment. These rapid changes and the lack of clear end dates are causing complications beyond the workplace. Because driver's licenses often track the length of an individual's authorized stay, many DMVs are currently declining to issue or renew driver's licenses for impacted TPS populations. For employers, managing internal communications, avoiding onboarding errors, and navigating Form I-9 compliance has become increasingly complex. It is more important than ever to be well-prepared and proactive in monitoring these rapid changes. At Santos Lloyd Law Firm, P.C., our immigration attorneys are ready to guide you through this evolving process and ensure you are informed, and supported. Please contact us if you have questions or need assistance.
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