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International Company Transferees: L-1 Travel After Filing An Adjustment of Status Application

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

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

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

Dependent L-2 family member may also travel with a pending adjustment of status application as long as they have a valid L-2 visa.

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