Due to increasing delays in processing times, many Citizenship and Immigration Service Centers have been taking two or three months and sometimes more to adjudicate petitions to extend nonimmigrant status. Employees who have otherwise maintained status should be reassured that a pending extension petition allows them to continue working, even after the expiration of their current Nonimmigrant status.

The key requirement for continued work authorization is that the petition be timely filed. This means that the employer must file the extension petition before the employee's Expiration of Status. Even if the employee's Nonimmigrant Status later expires, a timely-filed petition will extend work authorization up to 240 days beyond the expiration date until the CIS acts on the pending petition.

Employees who wish to travel abroad while an extension petition is pending should consult with an attorney before making plans. Depending on the timing of their trip and the nature of their petition, they may risk complications to and adverse consequences for their pending applications.