Can you travel while AOS is pending?

Can you travel while AOS is pending?

Adjustment applicants who are in valid H-1B status, and their dependents, can travel abroad and reenter the United States in H status while an I-485 is pending, without having to obtain advance parole. All travelers must have a valid H1B/H4 entry visa.

Can a person with a Pending AP application travel abroad?

However, if a person with a pending I-131 application leaves the U.S. without a valid AP document, or if the AP document expires during the trip abroad, the pending I-131 will be denied.

Can a I-131 Application be denied while AP is pending?

If an I-131 applicant travels based on a qualifying status (e.g., H1B, L-1) or an unexpired AP document, such travel typically will not impact the pending I-131. This abruptly changed in 2017, when the USCIS implemented a blanket policy of denying pending I-131 applications based on overseas travel.

What’s the policy on travel while an I-131 is pending?

The policy regarding overseas travel, while an I-131 application for advance parole (AP) is pending, has been updated by the U.S. Citizenship and Immigration Services (USCIS).

Can a nonimmigrant re-enter the US on AP?

According to the Cronin Memo (5/16/2000), an H1 or L1 nonimmigrant re-entering using AP will be in parole status, but is eligible for H or L extension. If approved, they will then resume their nonimmigrant status.

However, if a person with a pending I-131 application leaves the U.S. without a valid AP document, or if the AP document expires during the trip abroad, the pending I-131 will be denied.

Can a USCIS application be denied while AP is pending?

Suddenly, the USCIS took the position that, if an I-131 application is pending, the application for AP will be denied, regardless of whether the applicant can return in a qualifying status. So, while the travel would not necessarily impact the pending I-485, this policy change made obtaining an AP document more challenging.

Can a person with pending I-131 travel abroad?

If a person with a pending I-131 application had an existing AP document that still was valid, or was in a qualifying status (particularly a dual intent status like L-1 or H1B), that individual generally could travel abroad without impacting the pending I-131.

Can a person travel while the I-485 is pending?

Travel While I-485 and I-131 Pending. Ordinarily, if an applicant for adjustment of status (form I-485) departs the United States while the application is still pending, the I-485 is considered abandoned and therefore is denied.