Travel while Permanent Residency is Pending
***The information below is only a general guide. Your specific situation may differ.***
If your current status is sponsored by LSUHSC, Please take care to notify ISO every time you travel!!!
Pending/ApprovedI-140 or I-130
If your current status is F-1 or F-1 OPT or F-2
F status is a non-immigrant status that requires that each beneficiary establish non-immigrant intent (a residence abroad they do not intend to abandon) each time they request admission or re-admission in F status. While filing an I-140 or I-130 requesting Permanent Residency does NOT impact a beneficiary's current F status, filing of this kind of petition can impact an F beneficiary's ability to travel and re-enter the U.S. in F status due to the intent required for F status. For this reason persons who are currently in F status are advised NOT to travel internationally once a petition requesting permanent residency has been filed.
If your current status is J-1 or J-2
J status is a non-immigrant status that requires that each beneficiary establish non-immigrant intent (a residence abroad they do not intend to abandon) each time they request admission or re-admission in J status. While filing an I-140 or I-130 requesting Permanent Residency does NOT impact a beneficiary's current J status, filing of this kind of petition can impact a J beneficiary's ability to travel and re-enter the U.S. in J status due to the intent required for J status. For this reason persons who are currently in J status are advised NOT to travel internationally once a petition requesting permanent residency has been filed.
J holders who are subject to 212(e) are NOT eligible for permanent resident status. More details may be found here.
If your current status is H1B or H-4
H is a dual intent status that permits a beneficiary to have either immigrant or non-immigrant intent. Persons who have obtained or are requesting H status are not required to show non-immigrant intent (a residence abroad they do not intend to abandon) to enter or re-enter the United States. A pending or approved petition I-140 or I-130 should have no impact on an H holder's ability to enter or re-enter the U.S. in H status.
If your current status is TN or TD
TN/TD status is a non-immigrant status that requires that each beneficiary establish non-immigrant intent (a residence abroad they do not intend to abandon) each time they request admission or re-admission in TN/TD status. While filing an I-140 or I-130 requesting Permanent Residency does NOT impact a beneficiary's current TN/TD status, filing of this kind of petition can impact a TN/TD beneficiary's ability to travel and re-enter the U.S. in TN/TD status due to the intent required for TN/TD status. For this reason persons who are currently in TN/TD status are advised NOT to travel internationally once a petition requesting permanent residency has been filed.
PendingI-485*
*May be pending with the I-140 or I-130
Leaving the U.S. once an I-485 has been filed is generally considered an abandonment of the application under 8 CFR §245.2(a)(4) and will result in automatic withdrawal of the pending application UNLESS the applicant(s) are currently in H, K or L status OR Advance Parole has been granted to each traveler.
***See below for more on traveling with Advance Parole.***
If your current status is F-1 or F-1 OPT or F-2
F status is a non-immigrant status that requires that each beneficiary establish non-immigrant intent (a residence abroad they do not intend to abandon) each time they request admission or re-admission in F status. While filing an I-485 requesting adjustment to Permanent Residency does NOT impact a beneficiary's current F status, filing of this kind of petition can impact an F beneficiary's ability to travel and re-enter the U.S. in F status due to the intent required for F status. For this reason persons who are currently in F status are advised NOT to travel internationally once a petition requesting adjustment to permanent residency has been filed.
If your current status is J-1 or J-2
J status is a non-immigrant status that requires that each beneficiary establish non-immigrant intent (a residence abroad they do not intend to abandon) each time they request admission or re-admission in J status. While filing an I-485 requesting adjustment Permanent Residency does NOT impact a beneficiary's current J status, filing of this kind of petition can impact a J beneficiary's ability to travel and re-enter the U.S. in J status due to the intent required for J status. For this reason persons who are currently in J status are advised NOT to travel internationally once a petition requesting adjustment to permanent residency has been filed.
J holders who are subject to 212(e) are NOT eligible to adjust status to permanent resident within the U.S. More details may be found here.
If your current status is H1B or H-4
H is a dual intent status that permits a beneficiary to have either immigrant or non-immigrant intent. Persons who have obtained or are requesting H status are not required to show non-immigrant intent (a residence abroad they do not intend to abandon) to enter or re-enter the United States. A pending or approved petition I-485 should have no impact on an H holder's ability to enter or re-enter the U.S. in H status.
Adjustment applicants who are in valid H-1B status, and their dependents, can travel abroad and reenter the United States in H status while an I-485 is pending, without having to obtain advance parole. The H1B must still be eligible for H status and returning to the previously approved employer. All travelers must have a valid H1B/H4 entry visa.
InternationalServices STRONGLY advises maintaining H1B/H4 status while awaiting adjustment. Maintaining H status provides applicant(s) with underlying valid status in the event that the I-140/I-130 or I-485 is not ultimately approved. Attempting to mix and match, traveling and working with some H-1 documents and some EAD or advance parole documents can lead to confusion about current status and gaps in work authorization leading to inadvertent unauthorized employment.
If the H1B holder has used the Adjustment based EAD card to leave their previous H1B employer and work for another employer, they may NOT re-enter in H1B status and return to work for the first employer using the H1B exception. Those travelers and their dependents must obtain Advance Parole and will not be considered to have maintained H status.
If your current status is TN or TD
TN/TD status is a non-immigrant status that requires that each beneficiary establish non-immigrant intent (a residence abroad they do not intend to abandon) each time they request admission or re-admission in TN/TD status. While filing an I-485 requesting adjustment to Permanent Residency does NOT impact a beneficiary's current TN/TD status, filing of this kind of petition can impact a TN/TD beneficiary's ability to travel and re-enter the U.S. in TN/TD status due to the intent required for TN/TD status. For this reason persons who are currently in TN/TD status are advised NOT to travel internationally once a petition requesting adjustment to permanent residency has been filed.
Pending I-485 with Advance Parole (Form I-131) granted
*A grant of Advance Parole is now indicated at the bottom of the Employment Authorization Document issued to pending adjustment applicants*
If your current status is F-1 or F-1 OPT or F-2
F status is a non-immigrant status that requires that each beneficiary establish non-immigrant intent (a residence abroad they do not intend to abandon) each time they request admission or re-admission in F status. While filing an I-485 requesting adjustment to Permanent Residency does NOT impact a beneficiary's current F status, filing of this kind of petition can impact an F beneficiary's ability to travel and re-enter the U.S. in F status due to the intent required for F status. For this reason persons who are currently in F status are advised NOT to travel internationally once a petition requesting adjustment to permanent residency has been filed even if they have been granted and intend to use their advance parole.
International Services STRONGLY advises maintaining F status while awaiting adjustment. Maintaining F status provides applicant(s) with underlying valid status in the event that the I-140/I-130 or I-485 is not ultimately approved. Attempting to mix and match, traveling and working with some F-1 documents and some EAD or advance parole documents can lead to confusion about current status and gaps in work authorization leading to inadvertent unauthorized employment.
If your current status is J-1 or J-2
J status is a non-immigrant status that requires that each beneficiary establish non-immigrant intent (a residence abroad they do not intend to abandon) each time they request admission or re-admission in J status. While filing an I-485 requesting adjustment Permanent Residency does NOT impact a beneficiary's current J status, filing of this kind of petition can impact a J beneficiary's ability to travel and re-enter the U.S. in J status due to the intent required for J status. For this reason persons who are currently in J status are advised NOT to travel internationally once a petition requesting adjustment to permanent residency has been filed even if they have been granted and intend to use their advance parole.
J holders who are subject to 212(e) are NOT eligible to adjust status to permanent resident within the U.S. More details may be found here.
International Services STRONGLY advises maintaining J status while awaiting adjustment. Maintaining J status provides applicant(s) with underlying valid status in the event that the I-140/I-130 or I-485 is not ultimately approved. Attempting to mix and match, traveling and working with some J-1 documents and some EAD or advance parole documents can lead to confusion about current status and gaps in work authorization leading to inadvertent unauthorized employment.
If your current status is H1B or H-4
H is a dual intent status that permits a beneficiary to have either immigrant or non-immigrant intent. Persons who have obtained or are requesting H status are not required to show non-immigrant intent (a residence abroad they do not intend to abandon) to enter or re-enter the United States. A pending or approved petition I-485 should have no impact on an H holder's ability to enter or re-enter the U.S. in H status.
Adjustment applicants who are in valid H-1B status, and their dependents, can travel abroad and reenter the United States in H status while an I-485 is pending, without having to obtain advance parole. The H1B must still be eligible for H status and returning to the previously approved employer. All travelers must have a valid H1B/H4 entry visa.
International Services STRONGLY advises maintaining H1B/H4 status while awaiting adjustment. Maintaining H status provides applicant(s) with underlying valid status in the event that the I-140/I-130 or I-485 is not ultimately approved. Attempting to mix and match, traveling and working with some H-1 documents and some EAD or advance parole documents can lead to confusion about current status and gaps in work authorization leading to inadvertent unauthorized employment.
If the H1B holder has used the Adjustment based EAD card to leave their previous H1B employer and work for another employer, they may NOT re-enter in H1B status and return to work for the first employer using the H1B exception. Those travelers and their dependents must obtain Advance Parole and will not be considered to have maintained H status.
If your current status is TN or TD
TN/TD status is a non-immigrant status that requires that each beneficiary establish non-immigrant intent (a residence abroad they do not intend to abandon) each time they request admission or re-admission in TN/TD status. While filing an I-485 requesting adjustment to Permanent Residency does NOT impact a beneficiary's current TN/TD status, filing of this kind of petition can impact a TN/TD beneficiary's ability to travel and re-enter the U.S. in TN/TD status due to the intent required for TN/TD status. For this reason persons who are currently in TN/TD status are advised NOT to travel internationally once a petition requesting adjustment to permanent residency has been filed even if they have been granted and intend to use their advance parole.
International Services STRONGLY advises maintaining TN/TD status while awaiting adjustment. Maintaining TN/TD status provides applicant(s) with underlying valid status in the event that the I-140/I-130 or I-485 is not ultimately approved. Attempting to mix and match, traveling and working with some TN/TD documents and some EAD or advance parole documents can lead to confusion about current status and gaps in work authorization leading to inadvertent unauthorized employment.