Many H-1B visa holders who have filed Form I-485 (Application to Register Permanent Residence or Adjust Status) often face uncertainty about how to reenter the United States after traveling abroad. The correct procedure depends on your visa status — you may reenter the country either with Advance Parole (AP) or a valid H-1B visa stamp. However, each option carries different implications for your immigration status. Below, the immigration attorneys at Green Card Link explain how to travel safely while your I-485 is pending and avoid jeopardizing your green card process.
Understanding the H-1B Visa
The H-1B visa is one of the most flexible and widely sought-after U.S. work visas. It allows professionals in specialty occupations to live and work in the United States for up to six years. H-1B holders can transfer between employers, work full-time or part-time, and even hold multiple positions simultaneously — privileges not typically available under other nonimmigrant visa categories.
Another benefit is the ability to travel in and out of the United States while maintaining H-1B status. However, once you file for an adjustment of status (AOS), certain restrictions apply, and it becomes critical to understand how travel could affect your case.
Adjusting Your Status: Key Considerations
If you are currently in the U.S. under H-1B status, you may file Form I-485 to transition from nonimmigrant to immigrant (permanent resident) status. Although having an approved I-140 petition is an important step, it does not guarantee green card approval. A pending I-485 can still be denied, so you must proceed carefully when traveling abroad.
If you leave the United States without Advance Parole, your adjustment of status application may be considered abandoned, resulting in an automatic denial. Therefore, maintaining your status and securing proper travel authorization are essential.
Traveling with a Valid Nonimmigrant Status
If your H-1B visa remains valid while your I-485 is pending, you can travel outside the United States and reenter using your current H-1B visa stamp. You do not need to apply for any additional travel document. This advantage underscores the importance of maintaining your valid H-1B status throughout the green card process.
Traveling Without a Valid Nonimmigrant Status
If your H-1B visa has expired or you are no longer maintaining valid nonimmigrant status, you must obtain Advance Parole (Form I-131) before traveling abroad. Without it, you will be denied reentry to the U.S., and your pending adjustment of status could be voided.
Even with Advance Parole, reentry is not guaranteed — Customs and Border Protection (CBP) officers still have discretion at the port of entry. Additionally, if your I-485 is later denied, you will no longer have a lawful status to remain in the U.S.
What Is Advance Parole?
Advance Parole allows individuals with pending I-485 applications to reenter the U.S. after traveling abroad without losing their green card eligibility. It is not a visa, but rather a special travel document (Form I-512) issued by USCIS that permits temporary reentry.
To apply, you must file Form I-131, Application for Travel Document, and receive full approval before leaving the U.S. Departing before approval will result in automatic denial of your I-485 application.
Some Advance Parole documents allow multiple reentries, while others are restricted to a single entry. This determination is made by USCIS on a case-by-case basis. In urgent circumstances, you may request expedited or emergency Advance Parole through your local USCIS field office.
Emergency Advance Parole
In rare emergencies — such as a serious illness or death in the family — you can request Emergency Advance Parole. To do so, contact your nearest USCIS field office and bring the following items:
- Completed Form I-131
- I-131 filing fee receipt
- Documentation of the emergency (e.g., medical records or death certificate)
- Two passport-style photos
The immigration attorneys at Green Card Link can assist you in preparing and submitting your emergency Advance Parole request correctly to avoid delays or denials.
Can I Travel While My I-485 Is Pending?
In most cases, applicants for adjustment of status should not travel abroad unless they have an approved Advance Parole document. Doing so without proper authorization will result in the USCIS treating your application as abandoned.
However, H-1B, L-1, and K-3/K-4 visa holders are exceptions. These visa categories may reenter the United States without Advance Parole as long as the visa remains valid.
During this critical stage, it’s important to avoid actions that might lead USCIS to consider your case abandoned, such as:
- Failing to respond to USCIS notices or requests for evidence (RFEs)
- Missing a biometrics or interview appointment
- Leaving the U.S. without obtaining Advance Parole
If your case is deemed abandoned, you must take steps to maintain or restore lawful nonimmigrant status.
H-1B Holders Traveling Abroad with a Pending AOS
H-1B visa holders with a pending I-485 application may reenter the U.S. with their valid H-1B visa without obtaining Advance Parole. However, if they choose to reenter under Advance Parole, their H-1B status is automatically terminated, and they are admitted as parolees.
A parolee can continue working for the same H-1B employer, but their H-1B status will not be reinstated until the employer files for and receives an H-1B extension approval. To preserve H-1B status and avoid complications, always reenter with your H-1B visa stamp and ensure:
- Your H-1B visa is valid at the time of reentry
- You continue employment with your sponsoring H-1B employer
If your I-485 is later denied and you reentered as a parolee, you will be out of status.
How to Apply for Advance Parole
To obtain Advance Parole, file Form I-131, Application for Travel Document with USCIS. This form can be submitted concurrently with your I-485 application or filed separately if your I-485 is already pending.
Your I-131 submission should include:
- Proof of your current immigration status
- A written explanation or evidence of your need to travel
- A copy of your USCIS I-485 receipt notice
Advance Parole allows you to travel internationally without abandoning your green card application — but only if it’s approved before you leave.
Frequently Asked Questions About Advance Parole and I-485 Pending Status
How Long Can I Stay Abroad on Advance Parole?
Advance Parole is typically valid for up to one year, allowing you to remain abroad during that time. However, it is crucial to return to the United States before your document expires to avoid complications.
Keep in mind that the issuance and validity period of Advance Parole are entirely discretionary. There is no law requiring USCIS to approve your request or to issue it for a specific length of time.
Although you can technically stay abroad while your Advance Parole remains valid, doing so may impact your pending Adjustment of Status (AOS) petition. USCIS may send notices regarding biometrics appointments, interviews, or requests for evidence (RFEs). If you are not present in the U.S. to respond or attend these appointments, your AOS process could face delays or denials.
How Many Times Can I Use Advance Parole to Re-enter the U.S.?
In most cases, USCIS issues Advance Parole for multiple entries, allowing you to travel and re-enter the U.S. as long as your document is valid. However, USCIS may sometimes issue Advance Parole for a single entry at its discretion. Always review your document carefully before traveling to confirm whether it permits multiple re-entries.
What Happens If My I-485 Petition Is Denied While I’m Abroad on Advance Parole?
If you return to the United States on Advance Parole without maintaining an H-1B petition, you are considered to be in parolee status. Should your I-485 petition be denied while in this status, you will immediately become out of status once the denial is issued.
Moreover, the time spent in the U.S. under Advance Parole after a denial will be counted as unlawful presence, which can seriously affect your eligibility for future immigration benefits. To avoid these risks, it’s essential to consult an immigration attorney at Green Card Link before making travel plans.
How Does Parolee Status Affect My H-1B Employment?
Upon re-entry to the U.S. using Advance Parole, your I-94 record will show your status as “parolee.” In this case, you may continue to work only for the H-1B employer who held your valid petition prior to travel.
To regain H-1B status, you must file an H-1B amendment, extension, or transfer after re-entering with Advance Parole. Once approved, your I-94 will reflect your return to H-1B status.
Can I Change Employers After Re-entering on Advance Parole?
If you plan to return to the U.S. and begin working for a different employer, you will need an Employment Authorization Document (EAD) based on your pending green card application.
Be aware that once you begin working under an AOS-based EAD, you cannot revert to H-1B status. This is because an individual who transitions from nonimmigrant (H-1B) status to AOS-based EAD can no longer file for an H-1B amendment, extension, or transfer.
Am I a Permanent Resident After Submitting My Adjustment of Status Application?
Not yet. You are only considered a lawful permanent resident once your I-485 Adjustment of Status application is officially approved by USCIS.
Can I Be Denied Entry at the Port of Entry (POE) Even with Advance Parole?
Yes. While Advance Parole is a valid travel document, it does not guarantee re-entry to the U.S. Upon arrival, U.S. Customs and Border Protection (CBP) officers will review your case and determine whether you are admissible.
Because re-entry is at the CBP’s discretion, it is safest to maintain valid H-1B status until your green card is approved.
If you have ever been arrested, convicted, involved in immigration court proceedings, or previously detained, it is strongly advised to consult immigration attorneys at Green Card Link before applying for or traveling with Advance Parole.
What Does “I-485 Pending” Mean?
When your Form I-485 is pending, it means your Adjustment of Status application is under review and has not yet been approved or denied by USCIS. This status allows you to remain lawfully in the U.S. while awaiting your green card decision.
Travel Tips While Your I-485 Is Pending
If you hold an H-1B visa and a pending I-485, keep these important tips in mind:
- Monitor your USCIS notices and respond promptly to any requests.
- Attend all biometrics and interview appointments as scheduled.
- Ensure that you submit all required documentation and evidence on time.
If you travel abroad, apply for Advance Parole at the same time as your green card application to avoid delays. It may take approximately 150 days or more to receive your travel document.
You may wish to stay in the U.S. for 3–5 months after filing your I-485 to handle any immediate USCIS communications. If you must travel, make arrangements to have someone monitor your mail or have your immigration attorney at Green Card Link forward any USCIS notices while you are abroad.
How We Can Help
At Green Card Link, our experienced immigration attorneys provide personalized guidance on Advance Parole, I-485 Adjustment of Status, and H-1B travel implications. We help you avoid costly mistakes that could jeopardize your immigration status or green card eligibility.
Schedule a consultation today to discuss your case and receive expert advice tailored to your situation.