Professionals: H-1B Travel After Filing An Adjustment of Status Application

When an H-1B employee files an adjustment of status application, if the H-1B petition is unexpired and the H-1B employee is in possession of an unexpired H-1B visa, the H-1B employee may continue to utilize the H-1B visa for travel and employment authorization. However, if the H-1B employee wishes, he/she may apply for Advance Parole (for travel) and an Employment Authorization Document (for employment).

An H-1B employee may travel internationally with a pending adjustment of status application without the issuance of an Advance Parole if the H-1B employee is:

1. In possession of a valid unexpired H-1B visa
2. In possession of an original Form I-797, Approval Notice
3. Re-entering the United States to resume employment with the same H-1B employer

Dependent H-4 family member may also travel with a pending adjustment of status application as long as the first two conditions are satisfied.

If the H-1B employee is issued an Advance Parole based upon the filing of an adjustment of status application and the H-1B employee re-enters the United States using the Advance Parole, as long as the H-1B employee has a valid and approved H-1B petition, the H-1B employer may file an H-1B extension on behalf of the H-1B employee.