Travel Outside the U.S.

You and your dependents may travel and reenter the U.S. using I-131 Advance Parole documents while your application for adjustment of status is pending with the USCIS.

Travel Documents needed for an I-131 Advance Parole Document

• Passport
• Form I-797 filing fee receipt from your I-485 Adjustment of Status application
• I-131 Advance Parole travel document

Some may find it more convenient to obtain advance parole as it avoids the need to renew the H visa at a U.S. Consulate. Also, unlike H visas from certain countries, advance parole is valid for multiple entries during a 1 year period.

You may request advance parole concurrently with the I-485 or at a later date. It is a good idea to file I-131 along with the I-485 as USCIS is taking approximately 12 weeks to issue the advance parole travel documents. Since advance parole must be obtained prior to leaving the U.S., the long processing time could preclude the use of advance parole should the need to depart the U.S. arise suddenly.

After re-entering the U.S. on advance parole, you may continue to be employed during the validity of your H1B petition while your adjustment of status is pending. If your H1B status has lapsed you may use a USCIS issued Employment Authorization Card instead. However, it is good practice to maintain your H1B status in case of denial of your adjustment of status application.

Note that you may enter the U.S. using an I-131 Advance Parole and still be able to extend your H1B if you still have time left within the normal 6 year limit. In addition, if your labor certification or immigrant petition was filed 365 days in advance of the end of the 6th year of H1B status, your H1B can be extended annually until your permanent residence is granted. If the H1B extension application is approved, it will have the effect of terminating the grant of parole and admitting you back into H1B status.

If you must remain outside the U.S. for extended periods of time, please note that obtaining a reentry permit or making a return trip to the U.S. once or twice a year for a few weeks will not be enough to maintain permanent resident status. USCIS examines the reasons for the extended absence, the individuals intentions, and other factors establishing the person's ties to the U.S.

Faculty and academic staff who will be on extended leaves from the University should take steps to preserve their permanent resident status prior to leaving the country. If you plan to remain outside of the U.S. for an extended period of time, you should consult with an experienced immigration attorney.