Can You Travel During an I-140 Petition?

Introduction

Filing an I-140 petition is an important step in many employment-based immigration cases, but the petition itself does not automatically determine whether someone can travel internationally. Travel considerations generally depend on the person’s current immigration status, the documents they have, and whether they have a pending adjustment of status application.

Traveling While an I-140 Is Pending

An I-140 petition is generally filed with U.S. Citizenship and Immigration Services (USCIS) by an employer or, in certain employment-based categories, by the individual. The I-140 process is separate from the process of obtaining permanent residence. Therefore, simply having an I-140 petition pending does not by itself grant or take away permission to travel.

For individuals maintaining a valid nonimmigrant status, such as H-1B or L-1 status, international travel may be possible if they have the appropriate travel and visa documentation and continue to meet the requirements of their status. However, admission to the United States after travel is determined by the appropriate immigration authorities, and a visa does not guarantee entry.

Travel When Adjustment of Status Is Also Pending

Travel can require additional consideration when an individual has filed Form I-485, Application to Register Permanent Residence or Adjust Status. In many circumstances, leaving the United States while an I-485 application is pending without appropriate travel authorization can result in the application being treated as abandoned. There are important exceptions, including circumstances involving certain valid nonimmigrant statuses, so the specific facts matter.

Applicants should also consider whether travel could affect their ability to maintain status, attend required appointments, respond to USCIS requests, or complete other steps in the immigration process. An approved I-140 does not itself provide advance parole or other travel authorization.

Conclusion

International travel during an I-140 case may be possible, but the answer depends on the applicant’s immigration status, pending applications, travel documents, and overall circumstances. This article provides general information and is not legal advice. Before traveling internationally during an employment-based immigration case, individuals should consult a qualified U.S. immigration attorney to understand how travel could affect their specific situation.