H1Bs & L1s no longer need I-485 receipt or advance parole to return
On November 1, 200, the USCIS, in an attempt to streamline the readmissions of certain H and L nonimmigrants with pending permanent residence applications (green card applications), published a final rule in the Federal Register which removes the requirement such non-immigrants must present a copy of the I-485 filing receipt at the port of entry.
What documents are still required for H1B and L visa holders to return to the U.S. after foreign travel?
The are still required to provide documents that shows that
1) They are still eligible to work under the H-1 or L-1 status;
2) They are coming to resume employment with the same employer for whom they were previously employed, and
3) They are In possession of a valid H-1 or L-1 visa, if required.
What documents are required for family members of H-1B and L-1 visa holders to return?
For H-4 or L-2 dependents (spouses and minor children) to re-enter, they must establish that the principal applicant meets the above requirements.
What does that mean in reality?
Although H-1B and L-1 visa holders are allowed to possess immigrant intent, the published guideline is that they do not have to possess an advance parole travel document in order to return. However, when they return to the U.S. after foreign travel, they often encounter different issues at the port of entry. This final rule by USCIS clarifies that not only that these nonimmigrants do not need I-131 advance parole travel document to return to the U.S., they are also not required to bring the I-485 (green card or adjustment application) receipt with them because the inspectors should be able to access this information from their databases.
What documents are still required for H1B and L visa holders to return to the U.S. after foreign travel?
The are still required to provide documents that shows that
1) They are still eligible to work under the H-1 or L-1 status;
2) They are coming to resume employment with the same employer for whom they were previously employed, and
3) They are In possession of a valid H-1 or L-1 visa, if required.
What documents are required for family members of H-1B and L-1 visa holders to return?
For H-4 or L-2 dependents (spouses and minor children) to re-enter, they must establish that the principal applicant meets the above requirements.
What does that mean in reality?
Although H-1B and L-1 visa holders are allowed to possess immigrant intent, the published guideline is that they do not have to possess an advance parole travel document in order to return. However, when they return to the U.S. after foreign travel, they often encounter different issues at the port of entry. This final rule by USCIS clarifies that not only that these nonimmigrants do not need I-131 advance parole travel document to return to the U.S., they are also not required to bring the I-485 (green card or adjustment application) receipt with them because the inspectors should be able to access this information from their databases.
