Fellow sajhaites: My case for Advance Travel and I485 is in pending. I (and my wife) need to go back to Nepal next month for about two weeks. I still have a valid H1B (H4 for my wife) that expires next year March 2nd. I have received Work permit but haven't used it yet.

Please advice, can we travel? What sort of documents needed if we can travel?

By the way, my lawer says it's ok but i just wanted to hear from our group here.

Thanks a lot in advance.

Since your H1B visa is still valid, you should not have any problem coming back. Just don't forget to carry few latest pay stubs and company letter stating position, salary and date of hire with you in case visa officer questions you at the port.

Thanks, my question was more about the affect on our pending cases rather than not able to get back here.

If anyone can shed some light on this, would be great.

 

Thanks

This rule, effective November 1, 2007, removes the requirement that certain H and L non immigrants returning to the U.S. following a trip abroad must present a receipt notice for their adjustment of status applications to avoid having such applications deemed abandoned.  The purpose of this narrow change is to remove an unnecessary documentation requirement from the regulations that the DHS has determined cause an undue burden on H and L non immigrants. 

 

Effective November 1, 2007, individuals in valid H and L non immigrant status WILL NOT be required to present Form I-797 receipt notice for their adjustment applications upon reentry into the United States. 

 

Please note this final rule revises 8 CFR Sec. 245.2(a)(4)(ii)(C) to read as follows:

 

(C) The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding, and who is in lawful H-1 or L-1 status shall not be deemed abandonment of the application if, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 non immigrant, and, is in possession of a valid H or L visa (if required).  The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding who is in lawful H-4 or L-2 status shall not be deemed an abandonment of the application if the spouse or parent of such alien through whom the H-4 or L-2 status was obtained is maintaining H-1 or L-1 status and the alien remains otherwise eligible for H-4 or L-2 status, and, the alien is in possession of a valid H-4 or L-2 visa (if required).  The travel outside of the United States by an applicant for adjustment of status, who is not under exclusion, deportation, or removal proceeding and who is in lawful K-3 or K-4 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien is in possession of a valid K-3 or K-4 visa and remains eligible for K-3 or K-4 status.