Aliens holding H-1B and L-1 visas do not need to file for Advance Parole.

Posted by Camilo Espinosa on February 4, 2016



Many of my clients are foreign nationals who are investors in the U.S. and are applying for Adjustment of Status (green card or I-485 Application).  So what about if you have to travel outside the United States while your Adjustment of status is pending? Many of my clients are executives or investors who are always traveling for business matters.   Usually, you should apply for an Advanced Parole, which is basically a travel document, for traveling out of the country.  Why? Because traveling without getting an Advanced Parole can be considered as abandoning the Adjustment of Status application, unless you are on H-1 or L-1 status.   This is great for L-1 and H-1 visa holders.   As a result, if you are on H-1 or L-1 status and have filed an Adjustment of Status application, you do not have to file for Advance Parole, as long as you maintain their H-1 or L-1 status and have a valid H-1 or L-1 visa to come back to the U.S.


"8 C.F.R. Section 1245.2 (a) (4) (ii) (A)-(C) -- Adjudgment of Status to That of Person Admitted for Permanent Residence (Application)... The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-1 or L-1 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa..."


You may have to make a number of decisions before traveling abroad while your Adjustment of Status Application is pending. There are risks and variables to weigh, each of which is case specific. Because each person's situation is different, please call LOIGICA to discuss your immigration matter.

Topics: Advance Parole, H-1B Visas, Immigration Law, Other