Can You Travel with a Pending I-140? What You Need to Know

If your I-140 petition is pending, you may wonder whether traveling outside the United States is safe. The I-140 Immigrant Petition for Alien Workers is a critical step in obtaining an employment-based green card. Here’s what you need to know about international travel during this time.

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Traveling While Your I-140 Is Pending: The Basics

Yes, you can travel outside the United States while your I-140 petition is pending. However, there are several important factors to keep in mind:

1. Travel Does Not Impact the I-140 Process

• The I-140 is an employer-sponsored petition, meaning your travel plans do not directly affect its processing.
• Leaving the U.S. will neither cancel nor delay your I-140 petition.

2. Your Visa Status Matters

• To re-enter the United States, you must have a valid visa. If you hold an H-1B, L-1, or O-1 visa, ensure your visa remains valid before leaving.
• If you need to apply for a visa abroad, be aware of potential delays at U.S. consulates.

3. Traveling With a Pending I-485

• If you’ve filed an I-485 Adjustment of Status application, the ability to travel depends on your visa status:
  • H-1B or L-1 visa holders: You can travel without obtaining an Advance Parole document as long as your visa is valid and you intend to return to the same employer.
  • Other visa categories: You must secure Advance Parole before leaving the U.S. to avoid your I-485 application being considered abandoned.

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When You Should Avoid Traveling

While traveling with a pending I-140 is generally permissible, specific scenarios may make it risky:

1. Adjustment of Status Without Valid H-1B or L-1 Visa

• If you’ve filed an I-485 but do not hold valid H-1B or L-1 status, leaving the U.S. without Advance Parole may result in your adjustment application being deemed abandoned.

2. Expiring Visa or Lack of Multiple-Entry Visa

• If your visa is close to expiring or you lack a multiple-entry visa, you may face challenges re-entering the U.S.

3. Upcoming Consular Interviews

• If you’re awaiting a consular interview abroad as part of the green card process, travel could complicate or delay the scheduling of your interview.

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Key Takeaways for Safe Travel

1. Travel is allowed with a pending I-140, but ensure your visa status is valid for re-entry.
2. I-485 filers with H-1B or L-1 visas can travel without Advance Parole, provided they maintain valid status and meet re-entry requirements.
3. Avoid travel if:
   • Your visa is expiring soon or lacks multiple entries.
   • You have filed an I-485 without valid H-1B, L-1, or Advance Parole documentation.

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Special Considerations for Specific Visa Categories

1. H-1B and L-1 Visa Holders:
   • Travel is permissible without Advance Parole if:
     • You maintain a valid visa status.
     • You are returning to the same employer sponsoring your H-1B or L-1 petition.
2. H-4 and L-2 Dependents:
   • Travel does not abandon an I-485 if:
     • The principal H-1B or L-1 holder maintains valid status.
     • You possess a valid H-4 or L-2 visa.
3. K-3 and K-4 Visa Holders:
   • Travel does not impact the I-485 if:
     • You maintain valid K-3 or K-4 status.
     • You possess a valid K visa for re-entry.

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Conclusion

Traveling while your I-140 is pending is generally safe as long as you follow these guidelines:

• Maintain a valid visa for re-entry to the United States.
• For I-485 filers, travel without Advance Parole is only permissible for those on valid H-1B or L-1 visas.
• Assess your unique circumstances—avoid travel if your visa expires, your documentation is incomplete, or your immigration case involves a consular interview abroad.

By ensuring compliance with immigration regulations, you can minimize risks and maintain a smooth path toward your green card. Always consult an immigration attorney if you have specific questions about your situation.

Schedule a Consultation with an Immigration Lawyer

Citations

• 8 CFR § 245.2 Application.

If you have questions regarding travel with a pending adjustment application, we invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.

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