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Change of Status (COS) is one of two methods for filing an O-1 petition. Given the extended processing times, considerable uncertainty often surrounds the interim period between filing and adjudication. This uncertainty can create additional stress when an applicant’s current status is nearing expiration. Understanding how immigration status is treated during the pendency of the application is essential for avoiding complications and maintaining lawful presence throughout the process.

A request to change or extend status is only considered properly filed if it is submitted while you are still in a valid nonimmigrant status. In practical terms, this usually means holding an unexpired I-94 and complying with the terms of the visa category listed on that form.

If your status expires while your change or extension request is pending, you technically fall out of nonimmigrant status. However, you are generally considered to be in a period of authorized stay until U.S. Citizenship and Immigration Services (USCIS) makes a decision. If the application is ultimately approved with the requested extension or change of status, the approval is retroactive. This means that any period you spent without status is automatically cured.

It’s important to remember that a pending application—such as a Form I-129 or Form I-539—does not give you lawful immigration status on its own. Instead, you may be in a period of authorized stay if your application was filed on time and is non-frivolous. These two concepts are distinct: lawful immigration status determines whether you are maintaining your visa classification, while a period of authorized stay matters primarily for purposes of unlawful presence. Being in a period of authorized stay protects you from accruing unlawful presence, which could otherwise trigger inadmissibility bars if you later apply for a visa abroad.

One of the biggest risks during this time is international travel. If you travel abroad while your change of status request is pending, USCIS will treat your application as abandoned. The underlying petition may still be adjudicated, but you would then need to apply for a visa at a U.S. embassy or consulate abroad in order to re-enter the country. Similar restrictions may apply when an O-1 holder is adjusting status to permanent residency.

Because processing times can vary, it is critical to monitor your case status regularly. USCIS offers an online case status tool that can provide updates and notify you if additional information is required.

If your circumstances change while your initial petition is pending, you may also need to file an additional application to extend or change your status. Failing to act promptly could put you out of status.

Finally, while your application is pending, you must continue complying with the terms and conditions of your current status. This includes maintaining any required employment or study activity. A violation could lead to the denial of your application and create problems for future immigration filings.