AOS / EOS / COS — three easily confused terms

Adjustment of Status (I-485), Extension of Stay, and Change of Status: the core differences, gray zones (authorized stay while I-485 is pending, bridging applications, 180-day portability), and how they map to Form I-129 / I-539 / I-485.

Last reviewed: 2026-06-27

规则状态:AOS / EOS / COS · 现行规则更新于 2026-06-27

This page maps the three forms and legal tracks. AC21 portability, UP tolling while I-485 is pending, and cap-gap are frequent gray zones.

Direct answer

AOS (I-485) adjusts to LPR in the US. EOS (I-129 / I-539) extends the I-94 in the same classification. COS (I-129 / I-539) changes classification. Each affects status and authorized stay differently; the pending-I-485 window is the biggest gray zone.

Abbr.Full name / FormWhat it doesTypical scenario
AOSAdjustment of Status · I-485Adjusts to LPR inside the US.EB / FB when the priority date is current.
EOSExtension of Stay · I-129 / I-539Extends I-94 in the same classification.H-1B extension within 6 yrs; B-2 6→12 months.
COSChange of Status · I-129 / I-539Swap one nonimmigrant classification for another without leaving the US.F-1 → H-1B (cap-gap); B-2 → F-1; L-2 → H-4.

Key gray zones while I-485 is pending

  • Pending I-485 is generally authorized stay even if the underlying I-94 has expired — no UP accrues, though strictly you no longer hold a nonimmigrant status.
  • Denial can immediately end authorized stay; whether to appeal, refile, or depart is case-specific.
  • Bridging applications (I-539 to keep e.g. B-2 alive) are a common hedge against long backlogs or denials.
  • AC21 §106(c) portability: once I-140 is approved and I-485 pending >180 days, switch to same-or-similar occupation with a supplement J.
  • Working on EAD or traveling on AP does not disturb the pending status; AP travel is not a §212(a)(9)(B) departure (Arrabally 2012).

Which form?

  • I-129: H/L/O/P/E/TN and other employment principals — initial / EOS / COS.
  • I-539: B/F/M/J and dependents (H-4/L-2/O-3/TD) — EOS / COS.
  • I-485: adjust to LPR; typically filed with I-131 (AP) and I-765 (EAD).

Legal terminology quick reference

Split by axis + events; click a term to jump to the matching definition section on this site.

中文EnglishAxis / CategoryOne-liner
合法身份lawful status / legal statusstatus axisComplying with classification conditions; a subset of authorized stay.
失去身份out of statusstatus axisViolation of classification conditions; ≠ automatic UP accrual.
授权停留期period of stay authorizedpresence axisThe §212(a)(9)(B) primary anchor; UP does not accrue during this period.
非法滞留 (UP)unlawful presencepresence axisAccrues in real time in-country; settles into a bar upon departure.
超期停留overstayeventPast the I-94 date; triggers §222(g) visa voidance.
离境departureeventThe event that settles accrued UP into a 3 / 10-year bar.
§222(g) 签证作废§222(g) visa voidanceevent consequenceTriggered by overstay; decoupled from UP / bar mechanics.
3 / 10 年禁令3 / 10-year barsettlement outcomeINA §212(a)(9)(B); single continuous UP; activates on departure.
永久禁令permanent barsettlement outcomeINA §212(a)(9)(C); aggregate UP > 1 year + later reentry/attempt without admission.

This site provides general information only.

Frequently asked (FAQ)

Are AOS and COS the same?

No. AOS (I-485) adjusts you to LPR (green card) inside the US. COS (I-129 or I-539) swaps one nonimmigrant classification for another. Different forms, different legal tracks, different outcomes.

EOS vs COS?

EOS extends the I-94 within the same nonimmigrant classification. COS changes classification. Employment cases usually combine both on I-129; B/F/J/M and dependents use I-539.

What is my status while I-485 is pending?

Not strictly a nonimmigrant status, but it counts as authorized stay — so no UP accrues. If the I-485 is denied, the prior nonimmigrant status does not automatically snap back.

What is a bridging application?

Filing I-539 (or I-129) to keep an underlying nonimmigrant status (e.g., H-1B, B-2) alive while I-485 is pending — a hedge against I-485 denial. Whether it is needed depends on AC21 portability, EAD status, and travel needs.

What is AC21 §106(c) 180-day portability?

Once I-140 is approved and I-485 has been pending ≥180 days, you may switch to a same-or-similar occupation without a new PERM/I-140; the new employer files a supplement J.

F-1 student wants to stay — EOS or COS?

Continuing to study = extend I-20 via SEVIS/DSO (not I-539). Switching to H-1B = COS or cap-gap. Switching to B-2 short stay = I-539 COS.

What happens if COS is denied?

If your original I-94 is still valid, you remain in the prior status. If it already expired, unauthorized stay may be found retroactively — consult counsel about §222(g) and UP accrual.

When do I use I-129 vs I-539?

I-129 is for employment-based principals (H/L/O/E/P/TN...) initial, EOS, and COS. I-539 is for dependents (H-4/L-2) and B/F/M/J EOS/COS and other non-employment categories.

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This site provides general information only. It is not legal advice and does not create an attorney–client relationship. Consult a qualified U.S. immigration attorney about your case. i-94.org is independent and is not affiliated with DHS, CBP, USCIS, ICE, or any government agency. Actual I-94 lookup and reminder tools are provided by i94.io.