Can I Travel After I-140 Approval? Risks & Precautions

Yes, you can travel after your I-140 is approved, but the impact and precautions depend heavily on your current immigration status. While I-140 approval is a significant step toward obtaining a green card, it doesn’t automatically grant you any new travel privileges or change your existing ones. The rules that apply to you are those related to your current visa status. Traveling involves potential risks; therefore, understanding these risks and taking proper precautions is vital.

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Decoding I-140 Approval and Its Significance

The I-140, Immigrant Petition for Alien Worker, is a petition filed by an employer on behalf of a foreign worker seeking permanent residency (a green card) in the United States. Approval of the I-140 signifies that USCIS (United States Citizenship and Immigration Services) has determined that:

• The job offered is a genuine job opportunity.
• The employer has the ability to pay the offered wage.
• The foreign worker meets the minimum qualifications for the position.

It’s crucial to recognize that I-140 approval is only one step in the green card process. You typically still need to file an I-485 (Application to Register Permanent Residence or Adjust Status) to adjust your status to that of a lawful permanent resident. Furthermore, depending on your country of origin, you may encounter visa number backlogs that delay your ability to file the I-485.

Grasping the Impact of I-140 Approval on Your Visa Status

The approval of your I-140 petition has varying effects depending on your current visa status.

I-140 Approved While on H1B Travel

If you’re on an H1B visa, I-140 approval generally doesn’t directly change your ability to travel. You can usually continue to travel in and out of the U.S. as long as you maintain your H1B status. This means:

• Having a valid H1B visa stamp in your passport.
• Having a valid H1B approval notice (I-797).
• Continuing to work for the sponsoring employer.

However, I-140 approval extends your H1B status beyond the usual six-year limit. Normally, after six years, you can’t extend your H1B unless certain conditions are met. If your I-140 is approved, and you can’t file your I-485 because a visa number isn’t immediately available, you can continue to extend your H1B in one-year increments until you are eligible to file the I-485.

I-140 Approval Impact on Visa Types (Other than H1B)

For individuals on other non-immigrant visas, such as L-1, O-1, or E-2, the I-140 approval generally does not impact your ability to travel as long as you maintain your current visa status and comply with its terms and conditions. As with H1B, your travel rights are tied to the specific rules of your current visa.

It’s important to remember that if you let your existing visa status lapse, I-140 approval does not grant you the right to enter or remain in the U.S. You will need to either maintain your current status or obtain a new, valid visa to return to the U.S.

Examining Travel with Advance Parole After I-140

Advance Parole (AP) is a document that allows certain foreign nationals to travel outside the U.S. and return without abandoning their pending green card application (I-485). It is typically obtained when you have a pending I-485 application.

Risks Traveling After I-140 with Advance Parole

While Advance Parole allows travel, there are risks, especially if your I-140 is approved but the I-485 is still pending:

• Denial of Re-entry: CBP (Customs and Border Protection) officers have the authority to deny re-entry even with a valid Advance Parole document. This can happen if they suspect you’re no longer eligible for adjustment of status, such as if you’ve engaged in activities that violate immigration law.
• Impact on Non-Immigrant Status: Using Advance Parole generally abandons your underlying non-immigrant status (like H1B, L-1, etc.). This means that upon your return, you’re admitted as an I-485 applicant, not as an H1B or L-1 holder. You can no longer extend or renew your non-immigrant visa while inside the U.S.
• Potential for I-485 Denial: While rare, travel on Advance Parole can sometimes complicate the I-485 application if unforeseen issues arise while you are abroad.

When is Advance Parole Necessary?

• When Required: If you have filed your I-485, and don’t maintain a valid H or L status, you need to use Advance Parole to travel internationally while your I-485 is pending.
• When Not Recommended: If you have a valid H1B or L-1 visa and I-485 is pending, it’s generally safer to avoid using Advance Parole for travel. Instead, maintain your H1B or L-1 status and use your visa for re-entry. This is called “dual intent.”

Maintaining Status After I-140 Approval & Concurrent Filing

“Concurrent filing” refers to filing the I-140 and I-485 applications simultaneously. While this is possible in some cases, it doesn’t automatically grant travel privileges. Even with concurrent filing, you must still maintain a valid non-immigrant status or obtain Advance Parole to travel while the I-485 is pending. Maintaining your existing non-immigrant status, such as H1B or L-1, offers more security for travel compared to using Advance Parole, as mentioned earlier.

Navigating International Travel After I-140

Here’s a breakdown of travel scenarios after I-140 approval and recommended actions:

Scenario	Your Status	I-140 Status	Travel Recommendation
Valid Non-Immigrant Visa (H1B, L-1, etc.)	Actively Employed, Visa Stamped	Approved	Use your existing visa for travel. Avoid Advance Parole if possible.
I-485 Pending	N/A	Approved	Obtain and use Advance Parole only if you don’t have a valid non-immigrant visa and need to travel. Be prepared for potential scrutiny upon re-entry.
Visa Expired, I-485 Not Yet Filed	N/A	Approved	You cannot travel without a valid visa or Advance Parole (once I-485 is filed).
Visa Expired, I-485 Filed	N/A	Approved	You must obtain and use Advance Parole to travel.
Changing Employers (AC21 Portability)	H1B, I-140 approved, I-485 pending >180 days	Approved	Consult with an immigration attorney before changing jobs. You can generally travel if your new job is in the same or similar occupational classification.

Permitted Travel After I-140 Approval: Best Practices

To ensure a smooth travel experience after I-140 approval, consider these best practices:

1. Consult with an Immigration Attorney: This is the most important step. Immigration laws are complex, and an attorney can assess your specific situation and provide personalized advice.
2. Carry All Relevant Documents: When traveling, carry the following:
   • Valid passport
   • Valid visa stamp (if applicable)
   • I-797 approval notice (for H1B, L-1, etc.)
   • I-140 approval notice
   • Advance Parole document (if applicable)
   • Employment verification letter from your employer
3. Be Prepared for Questions at the Port of Entry: CBP officers may ask about the purpose of your trip, your employment, and your intention to remain in the U.S. Be honest and concise in your answers.
4. Avoid Actions That Could Jeopardize Your Status: Do not engage in any activities that could be construed as violating immigration law, such as unauthorized employment.

I-140 Effect on Green Card Processing Travel

The I-140 approval itself doesn’t grant you any special travel privileges during green card processing. Travel is generally governed by your existing non-immigrant status or, if your I-485 is pending, by Advance Parole. The key takeaway is:

• Maintain your underlying status or utilize Advance Parole appropriately.
• Keep all your documents up to date and readily available.

Potential Pitfalls: Things to Avoid

• Overstaying your Visa: This is a serious violation of immigration law and can jeopardize your green card application.
• Working Without Authorization: Only work for your sponsoring employer if you are on H1B, L-1 or similar work visas. Unauthorized employment can lead to denial of your green card.
• Misrepresenting Facts: Always be honest and truthful in your interactions with immigration officials.
• Traveling Without Proper Documentation: Ensure you have all the necessary documents before traveling.
• Assuming I-140 Approval Guarantees Re-entry: As mentioned earlier, CBP officers have the discretion to deny re-entry even with valid documents.

FAQ: Common Questions About Travel After I-140 Approval

• What is the difference between I-140 and I-485?

  • The I-140 is an employer’s petition for you to immigrate and work. The I-485 is your application to adjust your status to become a permanent resident (green card holder).

• Can I travel while my I-140 is pending?

  • Yes, usually, if you have a valid non-immigrant visa like H1B or L-1. Travel is governed by the rules of your visa status.

• Can I change jobs after my I-140 is approved?

  • Yes, under certain circumstances, using AC21 portability. Consult with an immigration attorney before making any changes.

• Who is eligible for Advance Parole?

  • Generally, individuals with a pending I-485 application.

• Can my green card be denied after I-140 approval?

  • Yes, though it’s less common. The I-485 can be denied if you become ineligible for a green card, such as through criminal activity, misrepresentation, or violation of immigration laws.

Conclusion

Navigating travel after I-140 approval requires careful planning and attention to detail. The best approach is to understand your current immigration status, its travel restrictions, and the implications of using Advance Parole. Consulting with an experienced immigration attorney is essential to ensure that you protect your green card prospects.