here is the text from "H and L Regulations Regarding Adjustment of Status (6-1-99)" issued by the erstwhile INS as part of their implementation regulations for 8 CFR parts 214 and 245.
the section in the above commenting on 8 CFR Sec. 245.2(a)(4)(ii) reads:
What Are the Documentary Requirements for Travel Outside the United States for H-1 and L-1 With Pending Applications for Adjustment of Status?
Current Service regulations at Sec. 245.2(a)(4)(ii) require that all adjustment applicants obtain advance parole authorization prior to traveling outside the United States. Prior to enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 [IIRIRA], such persons were deemed to be applicants seeking admission and were subject to the grounds of excludability. The Service imposed the advance parole requirement and the concomitant exclusion process in order to maintain control over the re-entry of such aliens. With the phasing out of exclusion proceedings under IIRIRA, however, the Service believes it is now appropriate to amend its regulations to provide fuller effect to section 214(h) of the Act by exempting H-1 and L-1 nonimmigrants with pending applications for adjustment of status (as well as their dependent family members) from obtaining advance parole authorization prior to traveling outside the United States.
Generally, such H-1 and L-1 nonimmigrants may be readmitted into the United States in the same status provided they are in possession of a valid H-1 or L- 1 nonimmigrant visa (for those aliens not visa exempt), and the original I-797 receipt notice for the application for adjustment of status, and continue to remain eligible for H-1 or L-1 classification.
All other nonimmigrants with pending applications for status must obtain advance parole authorization in accordance with Sec. 245.2(a)(4)(ii) prior to traveling outside the United States.
(my emphasis)
the above regulation seems to apply only to H1 and L1 visa holders, doesn't it? the last sentence that i have underscored would seem to include H4/L2 holders.
just in case you want to run it by your lawyer again, the above is from INS's regulation No. 1881-97, which can be found at the Federal Register of June 1, 1999 (Volume 64, Number 104). here's a link to this document:
http://frwebgate5.access.gpo.gov/cg...SdocID=847813431185+2+0+0&WAISaction=retrieve
didn't want to add to your confusion. my "default advice" in situations like these is, "err on the side of caution".
