When your I-140 petition is pending, you may wonder if traveling outside the United States is safe. The I-140, or Immigrant Petition for Alien Workers, is crucial in obtaining an employment-based green card. Here’s what you need to know about traveling while your I-140 is still being processed.
Can I Travel While My I-140 Is Pending?
Yes, you can travel outside the U.S. while your I-140 is pending, but keep these critical factors in mind:
- Travel Does Not Affect the I-140: The I-140 is an employer-sponsored petition, so your travel plans won’t directly impact processing. Leaving the U.S. will not cancel or delay the petition.
- Visa Status Is Important: You need a valid visa to re-enter the U.S. If you hold an H-1B, L-1, or O-1 visa, ensure it remains valid before traveling.
- Travel with a Pending I-485: If you’ve filed an I-485 (Adjustment of Status), you can still travel if you have an invalid H-1B or L-1 status. These visas allow you to leave and re-enter the U.S. without needing an Advance Parole document as long as your visa remains valid. However, if you are not in valid H-1B or L-1 status, you must obtain Advance Parole before leaving to avoid abandoning your I-485 application.
When You Should Avoid Traveling
While it’s generally safe to travel with a pending I-140, here are a few situations where it’s best to avoid leaving the U.S.:
- Adjustment of Status (Without Valid H-1B or L-1): If you’ve filed an I-485 and are not in valid H-1B or L-1 status, leaving the U.S. without Advance Parole could cause your application to be considered abandoned.
- Visa Expiry: If your visa is about to expire or you lack a multiple-entry visa, you may have difficulty re-entering the U.S.
- Upcoming Consular Interviews: Travel could complicate or delay the interview schedule if you’re waiting for a consular interview abroad as part of the green card process.
Key Takeaways
- You can travel with a pending I-140, but ensure your visa status is valid for re-entry.
- If you’ve filed an I-485, travel is possible on valid H-1B or L-1 status without Advance Parole.
- Avoid leaving the U.S. if your visa is expiring or if you lack proper documentation.
Conclusion
Traveling with a pending I-140 is generally allowed, but it’s important to ensure you have a valid visa for re-entry. If you’ve also filed an I-485, travel on an H-1B or L-1 visa is possible without Advance Parole. However, travel may not be advisable in certain situations, such as visa expiry or lack of proper documentation.
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