Read the following excerpt.......
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.
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