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Charles

Travel while Adjustment of Status pending

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Hello,
I am currently on valid H-1b visa and I have applied for 485, 765 and 131 through family. I have to travel to Canada for a weekend. MY H-1b visa is valid. Is it safe to travel while these applications are pending and return on H-1b visa? I was reading below but want to get a second opinion whether it's safe to travel or not.

https://www.ecfr.gov/cgi-bin/text-idx?SID=2748a56e998649ac655bca850159946a&mc=true&node=se8.1.245_12&rgn=div8

 

(C) The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-1 or L-1 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa (if required). The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-4 or L-2 status shall not be deemed an abandonment of the application if the spouse or parent of such alien through whom the H-4 or L-2 status was obtained is maintaining H-1 or L-1 status and the alien remains otherwise eligible for H-4 or L-2 status, and, the alien is in possession of a valid H-4 or L-2 visa (if required). The travel outside of the United States by an applicant for adjustment of status, who is not under exclusion, deportation, or removal proceeding and who is in lawful K-3 or K-4 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien is in possession of a valid K-3 or K-4 visa and remains eligible for K-3 or K-4 status.

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2 hours ago, Charles said:

Hello,
I am currently on valid H-1b visa and I have applied for 485, 765 and 131 through family. I have to travel to Canada for a weekend. MY H-1b visa is valid. Is it safe to travel while these applications are pending and return on H-1b visa? I was reading below but want to get a second opinion whether it's safe to travel or not.

https://www.ecfr.gov/cgi-bin/text-idx?SID=2748a56e998649ac655bca850159946a&mc=true&node=se8.1.245_12&rgn=div8

 

(C) The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-1 or L-1 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa (if required). The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-4 or L-2 status shall not be deemed an abandonment of the application if the spouse or parent of such alien through whom the H-4 or L-2 status was obtained is maintaining H-1 or L-1 status and the alien remains otherwise eligible for H-4 or L-2 status, and, the alien is in possession of a valid H-4 or L-2 visa (if required). The travel outside of the United States by an applicant for adjustment of status, who is not under exclusion, deportation, or removal proceeding and who is in lawful K-3 or K-4 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien is in possession of a valid K-3 or K-4 visa and remains eligible for K-3 or K-4 status.

Your Adjustment of Status and EAD won't be affected, but your Advance Parole will be denied.

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