In most situations, if you have a pending I-485 Adjustment of Status with USCIS you are not able to travel outside the US until you have received advanced permission to travel. Travel with a pending adjustment is considered abandonment. We discuss traveling outside the US with a pending adjustment while on an H-1B or L-1 Visa.
Travel with a pending I-485 Adjustment of Status
In general, if you have a pending I-485 adjustment application, you are not permitted to travel outside the United States without first obtaining advanced permission. If you depart the United States without advanced permission, you will abandon your adjustment of status. This will require you to start the process from scratch. In some cases, you will not be permitted to re-enter the United States until obtaining a proper immigrant visa. Make sure you have permission to travel before leaving the United States with a pending adjustment application.
Can I travel outside the US with a pending adjustment while on an H-1B or L-1 Visa?
If you hold a valid H-1B visa or L-1 Visa it is possible to travel outside the United States with a pending adjustment if:
- You are not in immigration proceedings,
- You will be returning to the US to resume employment with the same employer, and
- You have a valid H-1B or L-1 visa.
Green Cards through Employment SponsorshipGreen Cards for Family Members
Additional Outside Resources
- I-485, Application to Register Permanent Residence or Adjust Status
- I-131, Application for Travel Document
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The immigration lawyers at Richards and Jurusik Immigration Law have more than 20 years of experience helping people to live and work in the United States. Contact us today for an assessment of your legal situation.