A Memo From my lawyer regarding travel during AOS:
H-1/H-4 or L-1/L-2 nonimmigrants with pending applications for adjustment of status may depart the US and reenter in the same status without first obtaining an Advance Parole document.
The individual should carry the following documentation, according to Immigration Regulations:
1. Fee receipt (Form I-797) for the I-485 application,*
2. Original approval notice for nonimmigrant status,
3. Valid visa stamp in passport, corresponding to nonimmigrant status approval (does not apply to Canadians, who are visa exempt), and
4. Valid passport.
* Please note: the Immigration Service may find that the H-1 or L-1 nonimmigrant has abandoned her I-485 application if she does not have the I-485 receipt notice at the time of reentry to the US. Historically this regulation has not been consistently enforced; however, some officers at U.S. ports-of-entry have been asking H-1 and L-1 holders to present the I-485 receipt notice. Therefore, if you attempt to enter the US after the I-485 has been filed, but before an advance parole document or the I-485 receipt notice has been issued, there is a slight possibility that you may be subjected to additional questioning, delays, or other action by the immigration officers, including invalidation of a pending adjustment of status application.
Upon seeking re-admission to the U.S., and after inspection, you should receive a new Form I-94 indicating your date and place of admission, classification in H or L status, and a notation as to your admittance to resume your application for permanent residence.
H-1/H-4 or L-1/L-2 nonimmigrants with pending applications for adjustment of status may depart the US and reenter in the same status without first obtaining an Advance Parole document.
The individual should carry the following documentation, according to Immigration Regulations:
1. Fee receipt (Form I-797) for the I-485 application,*
2. Original approval notice for nonimmigrant status,
3. Valid visa stamp in passport, corresponding to nonimmigrant status approval (does not apply to Canadians, who are visa exempt), and
4. Valid passport.
* Please note: the Immigration Service may find that the H-1 or L-1 nonimmigrant has abandoned her I-485 application if she does not have the I-485 receipt notice at the time of reentry to the US. Historically this regulation has not been consistently enforced; however, some officers at U.S. ports-of-entry have been asking H-1 and L-1 holders to present the I-485 receipt notice. Therefore, if you attempt to enter the US after the I-485 has been filed, but before an advance parole document or the I-485 receipt notice has been issued, there is a slight possibility that you may be subjected to additional questioning, delays, or other action by the immigration officers, including invalidation of a pending adjustment of status application.
Upon seeking re-admission to the U.S., and after inspection, you should receive a new Form I-94 indicating your date and place of admission, classification in H or L status, and a notation as to your admittance to resume your application for permanent residence.
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