Advance Parole Exemption Announced for H1, L1, H4, and L2
Posted Jun 20, 1999

The INS has published interim regulations enabling persons who are maintaining valid H1, L1, H4 or L2 status and who have applied for adjustment of status to permanent residence, to travel abroad and reenter the U.S. on their non-immigrant visas rather than needing the advance parole. This new rule takes effect July 1, 1999.

Previously, all persons who have filed for adjustment of status (Form I-485), the last stage of green card processing, have needed to obtain an "advance parole" document in order to travel out of the country while their I-485 applications were pending. Those who traveled abroad without advance parole were considered to be abandoning their adjustment of status applications. In order to maintain one's status, that status must not have expired, and one must not violate that status.

If a person on H1 or L1 applies for adjustment, obtains an employment authorization document (EAD), and uses that EAD to accept outside employment (meaning not with the H1B employer), that person would still need advance parole to travel. Similarly, H4 and L2 are non-working statuses, so if such a person begins working with an EAD, then he or she would need advance parole to travel. Since these persons are considered as no longer being on their non-immigrant status, their status is that of an adjustment applicant. This is a perfectly acceptable legal status, but they can only travel with advance parole, not on their prior non-immigrant visas.

To avoid any confusion, please note that a person in one of the above non-immigrant statuses who applies for adjustment of status, while the non-immigrant status is still valid, is in no danger and is not doing anything illegal by remaining after that status later expires and the adjustment remains pending. That person is a valid adjustment applicant, and the new rule does not change that. The only change is with respect to what document is needed to travel abroad and then reenter the U.S. In other words, applicants for adjustment who obtain employment cards and then use those to undertake open market employment (not solely with the H1B employer) would now need the advance parole to reenter the U.S. from travel abroad.

Applicants for adjustment who use their non-immigrant visas to travel should also take abroad with them the filing receipts for their adjustment of status applications, according to the INS rule.

The Law Office of Sheela Murthy posted a News Flash in the third week of June 1999 explaining and elaborating on the above changes for persons in H1B status who file for adjustment. The News Flash is available at the website of the Law Office (www.murthy.com) for those interested in additional details.