The HMA Law Firm - Immigration & Criminal Defense Lawyers

Call: 703.964.0245

  • Home
  • Our Team
  • Practice
    • Immigration >
      • Employment-Based Immigration >
        • The H-1B Visa
        • Investor and Intracompany Transfers (E & L Visas)
        • PERM Labor Certification >
          • Cross Chargeability
          • EB-5 Green Cards
      • Marriage & Fiancé Visas >
        • Special Service for Servicemen
        • Marriage Interview Questions
        • The I-751 Good Faith Waiver
        • Evidence for Filing an I-751
        • My I-751 Was Denied: Now What?
        • Same-Sex Marriage Immigration Issues
        • New 90 Day Rule
      • General Immigration >
        • Filing a FOIA from USCIS
        • Form G-639: How to Complete
        • Re-Entry Permits
        • TPS >
          • More on TPS
          • SYRIA TPS
          • TPS Yemen
        • U Visas
      • Legal Victories
      • How To Choose The Right Immigration Lawyer
      • Waivers (I-601/I-601A) >
        • Drunk Driving (DUI/DWI) and I-601/I-601A Waivers
      • Citizenship >
        • N-648 Medical Waivers
        • Naturalization Pitfalls
        • The Civics Test for Naturalization
        • Exceptions for English Test
        • Criminal Convictions and Naturalization
      • Mandamus: It's Taking Too Long >
        • Mandamus: What to Think, What to Expect
        • How an Immigration Writ of Mandamus Works
        • Petition for Hearing on Naturalization
      • Deportation Defense >
        • Overview of Removal Proceedings
        • Deportation: Preventive Maintenance
      • Deferred Action (DACA) >
        • To Lawyer Or Not To Lawyer
        • Applying for a Social Security Number
    • Criminal Defense >
      • Traffic Offenses
    • Learn >
      • Immigration In A Nutshell >
        • The Visa Bulletin and Family Immigration
      • Criminal Immigration Law 101 >
        • Know Your Rights
      • Eligibility for Citizenship >
        • Citizenship versus Naturalization
        • Why Become a Citizen?
  • Consult/Pay Fees
  • Testimonials
  • Careers
  • Blawg
  • En EspaƱol
    • Accion Ejecutiva
    • El Interdicto Temporal
    • Buscar Detenido
    • Reforma Inmigratoria
    • Papeles Por Los Indocumentados

H-1B Work/Travel Issues When I-485 Pending

An Adjustment of Status application (Form I-485) is filed when a foreigner wishes to alter their non-immigrant status to that of immigrant or status as a permanent resident. This is generally the last stage for Green Card approval.

If you are in the process of filing an Adjustment of Status petition and you urgently need to leave the USA and you have filed your Adjustment of Status petition as a non immigrant on Form I-485 it is crucial that you understand that traveling out of the U.S.A. could affect your petition. This is particularly important for H-1B holders.

An Adjustment of Status petition takes the USCIS a long time to process so if the applicant is out of the country and fails to respond to requests by the USCIS for evidence (RFE), or fails to attend interviews, fails to turn up for fingerprints and biometrics, and travels consistently outside of the U.S. in the absence of an Advanced Parole, the USCIS may find that the application has been abandoned.

To prevent upsetting the process of an Adjustment of Status application, if the applicant has to travel overseas for either personal or business reasons he or she is advised to apply for an Advanced Parole before departing the country. Usually, a non-immigrant coming into the U. S.A. has to possess some sort of visa. The AP lets some aliens return to the United States after travel overseas abroad without possessing a valid visa. If an Advanced Parole is held the I-485 application will still be considered valid if the applicant goes overseas

The H-1B non- immigrant must have an H-1B visa status which is valid in the US before departing to travel overseas. It is not necessary to apply for an AP. If an H-1B non-immigrant does not possess an H-1B entry visa which is valid in their passport, they can apply at a US consulate for an H-1B visa while overseas. This will permit them to re-enter the US. Either way, however, they have to go back to work for the H-1B employer that originally sponsored them for H-1B status.

When they return to the U.S.A. to take up employment with that specific employer, their H-1B visa status is still current and their Adjustment of Status application is still active. This means an alien who is the holder of a valid H-1B visa status before undertaking travel is not required to file an Advanced Parole before they depart for the United States so as to maintain the validity of their Adjustment of Status application.

The H-1B is a dual intent visa so the filing of a I-485 will not have any influence on any later H-1B visa application filed through a U.S.A. Consular Office overseas. This differs from other visas (but notably, not the L-1 visa), where indicating immigrant intent may cause visa application concerns at U.S. Consular Offices overseas, H-1B holders may apply for Adjustment of Status and undertake travel out of the U.S. without any worries about the status of any H-1B applications.

Return to "The H-1B Visa" to learn more.

    Questions? Contact Us.

Submit

Quick Links

  • Our Team
  • Practice Areas
  • Executive Action
  • Consult

Contact Info

8133 Leesburg Pike, Ste 801
Vienna VA 22182

Tel:  703.964.0245

Fax: 703.997.8556
Email: info@hmalegal.com

Subscribe to the HMA LawFeed

Picture

​Pay Fees Here

Book you consult online by clicking on this link now!

©2009 - 2021 by Hassan M. Ahmad. All rights reserved. No portion of this website may be copied or reproduced for any purpose without express written permission.