Here are the Qs and As from CIS for you

JH 8000 8/16/05 L:\PR
Jackson & Hertogs LLP
USCIS Rule on Maintenance of H-1 and L-1 Status for Certain Adjustment Applicants
170 Columbus Avenue, Fourth Floor, San Francisco, CA 94133 | 415-986-4559 | [e-mail]
Based on a June 1, 1999 interim regulation, applicants for adjustment of status to permanent resident (AOS or
Form I-485) who also hold H or L status may choose to travel using H/L visas or may choose to use advance
parole documents issued as pending adjustment applicants. This FAQ is designed to address travel and
nonimmigrant status issues of adjustment of status applicants.
The following questions and answers will hopefully address most issues concerning the July 1, 1999 regulation:
1. To which nonimmigrant classifications does this rule apply?
This rule applies to individuals who are maintaining H-1B, L-1A or L-1B employment in the United States
and their derivative beneficiaries: H-4, L-2.
This rule does NOT apply to individuals working in the U.S. pursuant to TN, O-1, E-1, E-2, H-1B1
(Singaporean/Chilean), E-3 or any other visa category and its derivative family member classifications.
Individuals not holding H-1B, L-1A, L-1B, H-4 or L-2 who have filed for adjustment of status MUST apply
for and be issued an Advance Parole before they depart the U.S. If they do not, departure constitutes an
abandonment of the AOS.
2. What is advance parole authorization?
AOS applicants may concurrently file an application for “advance parole” travel authorization as well as
an employment authorization document (EAD). The advance parole is a one page document issued by
the USCIS on Form I-512L, for travel outside of the United States after an AOS is accepted for
processing. The parole authorization is normally valid for one year for multiple entries to the United
States. While new applications can be filed each year, it is important to note that you must enter the U.S.
while the advance parole is valid. You cannot be outside the U.S. at the time that the application is filed,
nor can an approved advance parole be mailed to you to then use to return to the U.S. If the advance
parole is pending at the time of departure, you must have either an existing valid advance parole or H/L
visa to return to the U.S.
Individuals who choose to use an advance parole for travel will not be required to apply for and be issued
new visas in their passports. Please keep in mind, however, that individuals applying for entry to the U.S.
based on an advance parole document should be prepared to be sent to “secondary inspections”. This
generally means that it can take slightly longer to be admitted to the U.S. and travelers should plan
connecting flights accordingly.
3. Is advance parole still required for all applicants for permanent resident status?
No. If the applicant is in valid H or L status and continues to maintain that status, s/he can travel using H
or L visa stamps in the passport. Please note that “maintaining nonimmigrant status” means that the H-
1B/L-1 employee continues to work for the sponsoring employer and does not work for any other
employer (by using an approved EAD). Derivative family members who hold H-4/L-2 status can also
continue to use their H-4/L-2 visas for travel so long as (1) the principal beneficiary continues to use
his/her H-1B/L-1 visa (or maintain that status) and (2) provided the H-4 spouse is not using an EAD.
Since an L-2 spouse can use an EAD, the fact that an L-2 spouse is working based on an approved
EAD, will not constitute a failure to maintain status. Current processing times for Forms I-131 can be
found on our web site under USCIS processing times. Please note that, in addition to presenting a valid
H or L visa (unless visa exempt) at the time of entry, the regulations state that the applicant must also
present the original Form I-485 AOS fee receipt; failure to do so constitutes abandonment of the AOS
application. Please note that despite the regulation stating that the original I-485 receipt must be
presented, many clients have advised us that the CBP (Custom and Border Protection) inspectors often
do not review the document. We recommend, however, that clients do carry the original filing receipt
along with the appropriate H/L visa and documentation when applying for entry.
4. How does the new rule affect employment authorization?
When an AOS application for permanent resident status is submitted, the principal applicant and any
dependent family members (i.e. spouse and unmarried children under the age of 21) may also file
applications for employment authorization. When the applications for work authorization are approved,
the applicants will be issued Employment Authorization Document (EAD) cards valid for one year, and
the cards give the applicants an unrestricted right to accept employment in the United States while the
applications for adjustment of status are pending; i.e. the principal applicant may continue his/her