Can I Travel Back to India After I-140 Approval and Return Later?

When your I-140 petition is approved, it’s a big step toward getting a green card in the United States 🇺🇸. But for many Indian nationals, the journey doesn’t end there. You might wonder if you can go back to India 🇮🇳 after your I-140 approval and return to the United States 🇺🇸 later. The answer depends on your visa status, whether you’ve filed for Adjustment of Status, and your plans for Consular Processing. This guide explains the full process, step by step, so you know what to expect at each stage and how to avoid common problems.

Understanding I-140 Approval and What It Means

The I-140, or Immigrant Petition for Alien Worker, is a form your employer files to show you qualify for an employment-based green card. Getting your I-140 approved is important, but it doesn’t mean you’re a permanent resident yet. It’s only one part of the green card process.

After your I-140 is approved, you have two main options:

• Adjustment of Status (AOS): If you’re already in the United States 🇺🇸 and your priority date is current, you can file Form I-485 to adjust your status to permanent resident without leaving the country.
• Consular Processing: If you’re outside the United States 🇺🇸 or plan to finish your green card process abroad, you’ll go to a U.S. consulate (for example, in India 🇮🇳) for an immigrant visa interview.

Can You Go Back to India After I-140 Approval?

Yes, you can travel back to India 🇮🇳 after your I-140 is approved. However, your ability to return to the United States 🇺🇸 depends on your current visa, whether you’ve filed for Adjustment of Status, and if you have the right travel documents.

Let’s break down the main scenarios:

• If You Have a Valid Nonimmigrant Visa (like H-1B or L-1):
  • You can leave the United States 🇺🇸 and return, as long as your visa allows multiple entries and is still valid when you come back.
  • Your green card process continues as normal.
• If You Have Filed for Adjustment of Status (I-485):
  • If you don’t have a valid H-1B or L-1 visa, you must get Advance Parole (travel authorization) before leaving. If you leave without it, U.S. Citizenship and Immigration Services (USCIS) will likely consider your I-485 application abandoned, which can stop your green card process.
  • If you do have a valid H-1B or L-1 visa, you can travel without Advance Parole, but your visa must be valid for re-entry.
• If You Haven’t Filed I-485 and Plan to Do Consular Processing:
  • Traveling to India 🇮🇳 is normal and expected. You’ll need to attend your immigrant visa interview at the U.S. consulate in India 🇮🇳 when your priority date is current.

Traveling with a Pending I-140 but No I-485 Filed

If your I-140 is approved but you haven’t filed I-485 yet, you can travel freely, but you must keep your visa valid. If your visa expires while you’re in India 🇮🇳, you’ll need to apply for a new visa at the U.S. consulate before you can return.

Travel After Filing I-485

If you’ve filed I-485 and are on H-1B or L-1 status, you can travel without Advance Parole, but your visa must be valid for re-entry. If you’re not on H-1B or L-1, you must get Advance Parole before traveling, or your I-485 application will be considered abandoned.

Current Visa and Travel Restrictions for Indian Nationals (2025)

As of June 2025, there are no new travel bans or restrictions that stop Indian nationals from traveling to or from the United States 🇺🇸 after I-140 approval. However, you should always check for updates on travel advisories, health protocols, or other requirements, as these can change quickly.

Visa Bulletin and Priority Dates: Why They Matter

The U.S. Department of State releases a Visa Bulletin every month. This bulletin shows which green card applications can move forward based on “priority dates.” For Indian nationals, the employment-based categories (EB-1, EB-2, EB-3) often have long waiting times, called “retrogression.”

• If your priority date is not current, you cannot file I-485 yet. You must stay on a valid nonimmigrant visa to remain in the United States 🇺🇸.
• If you’re waiting for your priority date to become current, you can travel to India 🇮🇳, but you must plan carefully to keep your visa valid.

Step-by-Step Breakdown: Traveling Back to India After I-140 Approval

Here’s a clear, step-by-step guide to help you through the process:

Step 1: Confirm Your Visa Status
– Check that your current U.S. visa (like H-1B or L-1) is valid for multiple entries and won’t expire while you’re abroad.
– If your visa is close to expiring, consider renewing it before you leave or plan to renew it at the U.S. consulate in India 🇮🇳.

Step 2: Check Your Priority Date
– Look up your priority date in the latest Visa Bulletin to see if you can file I-485 or if you need to wait.
– If your priority date is current, you can file I-485 (Adjustment of Status) if you’re in the United States 🇺🇸, or prepare for Consular Processing if you’re abroad.

Step 3: If You’ve Filed I-485
– If you’ve already filed I-485, make sure you have Advance Parole before traveling, unless you have a valid H-1B or L-1 visa.
– You can apply for Advance Parole using Form I-131 on the official USCIS website.
– If you travel without Advance Parole and don’t have a valid H-1B or L-1 visa, your I-485 application will be considered abandoned.

Step 4: Plan for Consular Processing
– If you haven’t filed I-485 and your priority date is not current, you’ll need to complete Consular Processing.
– When your priority date becomes current, you’ll get instructions to attend an immigrant visa interview at the U.S. consulate in India 🇮🇳.

Step 5: Apply for a New Visa if Needed
– If your visa expires while you’re in India 🇮🇳, schedule a visa appointment at the U.S. consulate to renew your visa before returning to the United States 🇺🇸.
– Bring all required documents, including your I-140 approval notice, employment verification, and any other supporting paperwork.

Step 6: Monitor Travel Restrictions
– Stay updated on any new travel advisories or restrictions that could affect your ability to return to the United States 🇺🇸.
– Check official government websites for the latest information before making travel plans.

What Happens at Each Stage and What to Expect

Before You Leave the United States 🇺🇸
– Make sure your visa is valid and you have all necessary documents.
– If you’ve filed I-485, get Advance Parole unless you’re on H-1B or L-1 status.
– Talk to your employer and immigration attorney to make sure your travel won’t affect your green card process.

While You’re in India 🇮🇳
– Keep track of your visa’s expiration date.
– If you need to renew your visa, gather all required documents and schedule an appointment at the U.S. consulate.
– Watch for updates on your priority date in the Visa Bulletin.

Returning to the United States 🇺🇸
– Show your valid visa and supporting documents at the port of entry.
– If you have Advance Parole, present it to the Customs and Border Protection (CBP) officer.
– Be ready to answer questions about your employment and green card process.

Consular Processing: What to Expect

If you choose Consular Processing, here’s what happens:

1. National Visa Center (NVC) Processing: After your I-140 is approved and your priority date is current, your case goes to the NVC. They’ll ask for documents and fees.
2. Visa Interview: You’ll attend an interview at the U.S. consulate in India 🇮🇳. Bring all required documents, including your I-140 approval notice, passport, and medical exam results.
3. Visa Issuance: If approved, you’ll get an immigrant visa in your passport.
4. Entry to the United States 🇺🇸: Use your immigrant visa to enter the United States 🇺🇸. You’ll receive your green card in the mail after arrival.

Estimated Timeframes at Each Stage

• I-140 Approval: Processing times vary, but it often takes 6–12 months.
• Waiting for Priority Date to Become Current: For Indian nationals, this can take several years due to retrogression.
• I-485 Processing (Adjustment of Status): Once filed, it usually takes 8–14 months for a decision.
• Consular Processing: After your priority date is current, Consular Processing can take 3–6 months, depending on the consulate’s workload.

Required Actions from the Applicant

• Keep Your Visa Valid: Always check your visa’s expiration date before traveling.
• File the Right Forms: Use Form I-485 for Adjustment of Status or follow NVC instructions for Consular Processing.
• Get Advance Parole if Needed: Apply for Advance Parole with Form I-131 if you’ve filed I-485 and don’t have H-1B or L-1 status.
• Attend All Interviews: Whether for a visa renewal or immigrant visa, show up on time with all required documents.
• Monitor the Visa Bulletin: Check the Visa Bulletin every month to track your priority date.

What to Expect from U.S. Authorities

• USCIS: Will process your I-140, I-485, and Advance Parole applications. They’ll notify you of any missing documents or interview dates.
• U.S. Consulate: Handles visa renewals and immigrant visa interviews. They may ask for extra documents or schedule follow-up interviews.
• Customs and Border Protection (CBP): Checks your documents when you return to the United States 🇺🇸. They have the final say on your entry.

Practical Tips and Common Pitfalls

• Don’t Overstay Your Visa: If your visa expires while you’re abroad, you can’t return until you get a new one.
• Don’t Leave Without Advance Parole (if needed): If you’ve filed I-485 and aren’t on H-1B or L-1, leaving without Advance Parole will end your green card process.
• Keep Copies of All Documents: Always carry copies of your I-140 approval, visa, passport, and any USCIS receipts.
• Consult an Immigration Attorney: Rules can change, and your situation may be unique. A lawyer can help you avoid mistakes.

Recent Policy Updates and the Outlook for Indian Nationals

As of July 2025, there have been no major policy changes that affect travel after I-140 approval for Indian nationals. The Biden administration and USCIS continue to enforce the same rules about visa validity and Advance Parole. The Visa Bulletin still shows slow movement for Indian employment-based categories, so long waits are expected to continue into 2026.

According to analysis by VisaVerge.com, Indian nationals should expect these long wait times to remain for the near future. Planning ahead and keeping your visa status valid is more important than ever.

Official Resources for More Information

• USCIS Official Website: For I-140, I-485, and Advance Parole forms and instructions.
• U.S. Department of State Visa Bulletin: For monthly updates on priority dates.
• U.S. Embassy in India: For visa appointments and consular processing information.
• Form I-140: For details and instructions on the I-140 petition.
• Form I-485: For Adjustment of Status application.
• Form I-131: For Advance Parole application.

Key Takeaways and Next Steps

• You can return to India 🇮🇳 after I-140 approval, but your ability to come back to the United States 🇺🇸 depends on your visa status and whether you’ve filed I-485.
• If you have a valid H-1B or L-1 visa, travel is generally safe.
• If you’ve filed I-485 and don’t have H-1B or L-1, you must get Advance Parole before leaving.
• Indian nationals face slow movement in priority dates, so Consular Processing is common.
• Always keep your visa valid, check the Visa Bulletin, and consult an immigration lawyer before making travel plans.

By following these steps and staying informed, you can manage your green card process with confidence, even if you need to travel back to India 🇮🇳 after your I-140 approval. Always use official resources and seek legal advice if you’re unsure about your situation. This approach will help you avoid delays and keep your path to permanent residency on track.

Learn Today

I-140 → Immigrant petition filed by employer to sponsor an employment-based green card applicant.
Adjustment of Status (AOS) → Process to change visa status to permanent resident while staying in the U.S.
Consular Processing → Immigrant visa process conducted at a U.S. consulate abroad, often in the applicant’s home country.
Advance Parole → Travel permit allowing I-485 applicants to leave and re-enter the U.S. without abandoning their application.
Priority Date → The applicant’s place in line for green card processing based on petition filing date.

This Article in a Nutshell

After I-140 approval, Indian nationals may travel to India, but re-entry depends on their visa type and filing status. Advance Parole is essential if Adjusting Status without H-1B or L-1 visa. Careful planning avoids delays and supports a smooth green card journey toward permanent residency in the U.S.
— By VisaVerge.com