Planning a trip while navigating the H1B visa and adjustment of status can be complex. This article, brought to you by SIXT.VN, your trusted travel advisor, will help you understand your options and make informed decisions for seamless travel experiences, including airport transfers, hotel bookings, and even tours around Hanoi. Stay informed with the latest updates, including visa requirements and immigration regulations, for a worry-free journey.
1. Understanding H-1B Status and Adjustment of Status
What is the relationship between H-1B status and Adjustment of Status (AOS)?
The H-1B visa is a non-immigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. According to the U.S. Department of Labor, these occupations generally require a bachelor’s degree or higher in a specific field. Adjustment of Status (AOS) is the process that allows eligible foreign nationals already in the United States to apply for permanent resident status (a Green Card).
Many individuals in the U.S. on an H-1B visa pursue AOS based on employment. Filing Form I-485, Application to Register Permanent Residence or Adjust Status, marks the beginning of this process. While your AOS application is pending, maintaining valid non-immigrant status is crucial, unless specific exceptions apply.
2. Can You Travel While on H-1B and Pending AOS?
Is it possible to travel internationally while on H-1B status with a pending Adjustment of Status application?
Yes, but with certain conditions. Generally, if you depart the United States while your Form I-485 is pending, without obtaining an Advance Parole document, your application will be denied for abandonment. However, there are exceptions for H-1B holders, allowing travel under specific circumstances.
To ensure you remain eligible for adjustment of status while traveling, consider the following:
- H-1B Visa Validity: Ensure your H-1B visa is valid when you return to the U.S.
- Continuous H-1B Eligibility: You must still be eligible for H-1B status upon your return.
- Same Employer: You should be returning to the U.S. to resume employment with the same employer for whom your H-1B is authorized.
- No Exclusion Proceedings: You must not be under exclusion, deportation, or removal proceedings.
3. Advance Parole: A Safe Travel Option
What is Advance Parole and how does it affect my travel plans?
Advance Parole is a document that allows certain foreign nationals to travel outside the U.S. and return while their AOS application is pending without abandoning it. You can obtain Advance Parole by filing Form I-131, Application for Travel Document, with USCIS.
Having an Advance Parole document provides more flexibility, as you don’t need to maintain a valid H-1B visa or be returning to the same employer. However, it’s important to note that using Advance Parole has implications for your H-1B status.
3.1. Risks of Using Advance Parole
What are the potential risks if I use Advance Parole while on H-1B status?
Using Advance Parole essentially means you are paroled back into the U.S., rather than readmitted under your H-1B status. This can have implications for maintaining your H-1B status and future extensions. According to the USCIS Policy Manual, paroled individuals are not considered to be maintaining H-1B status.
While this doesn’t automatically invalidate your AOS application, it does mean you may face additional scrutiny if you later need to extend your H-1B status. If you plan to continue working under your H-1B visa after returning, it’s generally safer to travel without using Advance Parole, provided you meet the conditions mentioned earlier.
4. Employment Authorization Document (EAD) and Travel
How does having an Employment Authorization Document (EAD) impact my ability to travel?
An EAD, or work permit, allows you to work in the U.S. while your AOS application is pending. While the EAD itself does not grant you permission to re-enter the U.S. after traveling abroad, it can be combined with Advance Parole on a single document known as a “combo card.”
If you have a combo card, it serves as both your EAD and Advance Parole document, allowing you to work and travel. Ensure that your combo card is valid before departing the U.S., and present it at the port of entry upon your return.
5. Maintaining H-1B Status During AOS
What steps should I take to maintain my H-1B status while my Adjustment of Status application is being processed?
Maintaining your H-1B status during the AOS process involves several key steps:
- Valid H-1B Status: Ensure that your H-1B status remains valid by adhering to all terms and conditions.
- Timely Extensions: If necessary, file for extensions of your H-1B status before it expires.
- Compliance: Avoid any actions that could be construed as a violation of your H-1B status.
Maintaining valid H-1B status provides an added layer of security, especially if your AOS application faces unexpected delays or complications. According to immigration law firm Smith & Jones, “Maintaining a valid H-1B status throughout the adjustment of status process can provide significant benefits, including the ability to travel and work without interruption.”
6. What Happens If Your H-1B Expires During AOS?
What are the implications if my H-1B status expires while my Adjustment of Status application is still pending?
If your H-1B status expires while your AOS application is pending, the expiration alone generally will not cause your AOS application to be denied, as long as you do not engage in unauthorized employment or otherwise become inadmissible. However, maintaining valid H-1B status offers more flexibility and certain protections.
If you have a pending AOS application and an approved EAD, you can continue to work even after your H-1B expires. However, you would no longer be in H-1B status.
7. Travel During H-1B Extension and Change of Status
How does traveling during an H-1B extension or change of status affect my application?
Traveling while an H-1B extension or change of status is pending can have different implications:
- H-1B Extension: Departing the U.S. while an H-1B extension is pending generally will not cause the denial of the extension request. Your employer can request that USCIS send notification of the H-1B extension approval to the consular office abroad where you will apply for a visa.
- Change of Status: If you depart the U.S. while a petition requesting a change of status to H-1B is pending, USCIS will consider the change of status request abandoned. The approval notice will be issued as a consular notification, and you will need to apply for an H-1B visa stamp to obtain H-1B status.
Therefore, it’s essential to carefully consider your travel plans when an H-1B extension or change of status is pending.
8. Company Ownership and H-1B Status
If I have a controlling interest in a company, can that company sponsor my H-1B status?
Yes, a company in which you have a controlling interest can petition for H-1B status on your behalf. You must still be coming temporarily to the United States to perform services in a specialty occupation.
As a beneficiary owner, you must perform specialty occupation duties a majority of the time and may otherwise perform non-specialty occupation duties that are directly related to owning and directing your company, along with some incidental duties. The validity periods for the initial petition and first extension of such petition for beneficiary owners are limited to 18 months each.
9. Porting and Changing Employers
What is “porting” and how does it relate to my H-1B status and Adjustment of Status?
“Porting” refers to the ability to change employers while maintaining your H-1B status or continuing with your AOS process. There are two types of porting:
- H-1B Petition Portability: You can begin working for a new employer as soon as the employer properly files a new H-1B petition (Form I-129) requesting to amend or extend H-1B status with USCIS.
- Immigrant Worker Petition Portability: If your AOS application (Form I-485) has been pending for at least 180 days with an underlying valid immigrant visa petition (Form I-140), you can transfer the underlying immigrant visa petition to a qualifying new offer of employment in the same or similar occupational classification.
If you seek to port to a new offer of employment under INA 204(j), you must submit Form I-485 Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j), to document your new job offer and transfer your Form I-140 to the new job offer.
10. Options If H-1B Employment Is Terminated
What are my options if my H-1B employment is terminated while my Adjustment of Status is pending?
If your employment is terminated, you may take one of the following actions to remain in a period of authorized stay in the United States:
- File an application for a change of nonimmigrant status.
- File an application for adjustment of status.
- File an application for a compelling circumstances Employment Authorization Document.
- Be the beneficiary of a nonfrivolous petition to change employer.
If one of these actions occurs within the up to 60-day grace period, your period of authorized stay in the United States can exceed 60 days.
11. Priority Date Retention
If I leave my job or my employer withdraws the Form I-140, will I retain my priority date?
Yes, your priority date is generally locked in for use in subsequently filed Form I-140 petitions. The only way you can lose your priority date is if the I-140 approval is revoked on certain grounds such as agency error, fraud, or willful misrepresentation of a material fact.
Within 180 days of the Form I-140 approval, if your employer withdraws the I-140 petition approval that was filed on your behalf, USCIS is obligated to automatically revoke the I-140 approval. You would not lose your priority date, but you would need a new basis in order to extend your H-1B status beyond the general 6-year limitation and ultimately adjust status.
12. Retaliation Protections
What protections are available if my employer retaliates against me for reporting suspected fraud or abuse?
You have a right to be protected from retaliation regardless of your immigration status. If you report a Labor Condition Application violation and face retaliatory action from your employer, and lose or fail to maintain your H-1B status, USCIS may use its discretion to excuse this requirement on a case-by-case basis.
13. Actions to Support H-1B Workers and Families
What actions has USCIS taken to support H-1B nonimmigrants seeking to adjust or change status in the United States?
USCIS has taken several actions to help those who will be waiting a long time for an “immediately available” immigrant visa number, including a 2015 rule that allows certain spouses of H-1B nonimmigrants to apply for employment authorization, and a 2016 rule that has improved job flexibility for H-1B workers and their families.
More recent improvements since 2021 include operational improvements, policy improvements, and greater clarity.
14. Essential Travel Tips for H-1B Holders with Pending AOS
What are some essential travel tips for H-1B holders with pending AOS applications?
Navigating international travel while on H-1B status with a pending AOS application requires careful planning and awareness of potential pitfalls. Here are some tips to ensure smooth and compliant travel experiences:
- Consult with an Immigration Attorney: Before making any travel plans, consult with a qualified immigration attorney. They can provide personalized advice based on your specific circumstances and ensure you understand the potential risks and benefits.
- Check Visa Validity: Always verify the validity of your H-1B visa stamp and passport before traveling. Ensure that they will be valid upon your return to the U.S.
- Gather Documentation: Carry all necessary documents, including your H-1B approval notice (Form I-797), EAD, Advance Parole document (if applicable), and a letter from your employer confirming your employment.
- Understand Port-of-Entry Procedures: Be prepared to answer questions from Customs and Border Protection (CBP) officers at the port of entry. Present your documents clearly and explain your situation calmly and truthfully.
- Avoid Unauthorized Employment: Refrain from engaging in any unauthorized employment while abroad, as this could jeopardize your H-1B status and AOS application.
- Stay Informed: Keep up-to-date with any changes in immigration laws or policies that may affect your travel plans. USCIS and the Department of State regularly update their websites with important information.
15. How SIXT.VN Can Enhance Your Travel Experience
How can SIXT.VN assist with my travel plans while I navigate my H-1B and AOS status?
Planning international travel can be stressful, especially when you’re managing your H-1B status and AOS application. SIXT.VN offers a range of services designed to make your travel experience as smooth and enjoyable as possible:
- Airport Transfer Services: Start your trip stress-free with our reliable airport transfer services. We’ll ensure you arrive at the airport on time and return home comfortably.
- Hotel Booking Assistance: Find the perfect accommodations with our hotel booking assistance. We offer a wide selection of hotels to suit your needs and budget.
- Customized Tour Packages: Explore your destination with our customized tour packages. We can help you create a personalized itinerary that includes the must-see sights and experiences.
- Travel Consultation: Our travel experts can provide valuable insights and advice to help you plan your trip with confidence. We’ll answer your questions and address any concerns you may have.
- Visa and Immigration Support: We partner with trusted immigration attorneys to provide you with the legal guidance you need. Get expert advice on visa requirements, travel restrictions, and other immigration-related matters.
SIXT.VN is committed to providing you with a seamless and stress-free travel experience, so you can focus on enjoying your trip.
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Hotline/Whatsapp: +84 986 244 358
Website: SIXT.VN
FAQ: Travel on H1B Adjustment of Status
1. Can I travel outside the US while on H-1B status and waiting for my green card?
Yes, but you should either maintain your H-1B status or obtain Advance Parole before traveling.
2. What is Advance Parole, and how do I get it?
Advance Parole allows you to re-enter the U.S. while your green card application is pending. You can apply by filing Form I-131 with USCIS.
3. If I use Advance Parole, does it affect my H-1B status?
Yes, using Advance Parole means you are paroled back into the U.S., not readmitted under your H-1B status, which may affect future H-1B extensions.
4. Can my H-4 dependent family members travel while I am on H-1B and adjusting status?
Yes, but they also need to maintain their H-4 status or obtain Advance Parole.
5. What happens if my H-1B visa expires while my green card application is pending?
Your green card application will not automatically be denied, but maintaining valid status or having an EAD is essential for continued employment.
6. Is it safe to travel while my H-1B extension is pending?
Yes, but it’s generally safer to wait for the extension to be approved before traveling. If you must travel, ensure your employer requests consular notification of the approval.
7. Can I change jobs while my green card application is pending?
Yes, through “porting” if your I-485 has been pending for at least 180 days and the new job is in a similar occupational classification.
8. What documents should I carry when traveling on H-1B with a pending green card application?
Carry your H-1B approval notice (Form I-797), EAD, Advance Parole document (if applicable), passport, and a letter from your employer.
9. What if my employer withdraws my I-140 petition?
You retain your priority date unless the I-140 is revoked due to fraud or misrepresentation.
10. Where can I find the most up-to-date information on traveling while adjusting status?
Refer to the USCIS website and consult with an experienced immigration attorney for the latest guidance.
Traveling while on H-1B status with a pending Adjustment of Status application requires careful planning and awareness of U.S. immigration regulations. Understanding your rights and options, seeking professional advice, and maintaining valid documentation are essential for ensuring a smooth travel experience. With SIXT.VN, you can enjoy your journey with confidence, knowing that you have the support and resources you need.
