Traveling Abroad with Approved I-140: Key Steps and Documentation

Once your I-140 immigrant petition is approved, it’s natural to think about visiting family, attending a work trip, or taking a vacation outside the United States. An approved I-140 does open doors for your green card journey, but it does not by itself give you any right to enter or re-enter the country. Your ability to travel depends on your current visa status, whether you’ve filed I-485 (Adjustment of Status), and whether you need Advance Parole.

Big Picture: How Travel Fits into the Green Card Journey

In employment-based cases, your I-140 is a key middle step. It confirms that the government agrees you qualify for permanent residence through your job. After that approval, you still must either:

• File Form I-485 (Application to Register Permanent Residence or Adjust Status) in the U.S., or
• Finish your case through consular processing at a U.S. embassy or consulate abroad.

Travel affects both paths. If you’re in the United States and plan to adjust status with an I-485, travel choices can affect whether your green card process continues smoothly or is treated as abandoned. If you plan consular processing, your trips abroad must match your interview plans and visa needs.

USCIS explains the different forms and processes on its official website, including https://www.uscis.gov/i-140, https://www.uscis.gov/i-485, and https://www.uscis.gov/i-131 for Advance Parole.

Step 1: Confirm Your Current Status Before Any Trip

Before you book tickets, look closely at your present status and documents. The rules draw a clear line:

• H-1B and L-1 workers have more flexibility.
• F-1, TN, and most other nonimmigrant visa holders with a pending I-485 must be much more careful and usually need Advance Parole.
• Dependents (H-4, L-2, K-3, K-4) must keep their own status valid.

Actions to take now:

1. Check the end date on your passport visa stamp and approval notice.
2. Ensure you still work for the same employer that sponsored your I-140 if you are on H-1B or L-1.
3. Confirm whether you have already filed an I-485, or plan to file it after travel.

Step 2: If You’re on H-1B or L-1 with Approved I-140

If you hold an H-1B or L-1 visa, you can travel internationally without Advance Parole, provided that:

• Your visa status remains valid.
• You plan to return to the same employer that sponsored your petition.
• You have valid visa stamps in your passport (or are visa-exempt).
• Your passport has at least six months of validity left.

Practical document preparation:

• Valid passport with sufficient validity.
• Current H-1B or L-1 approval notice.
• Copy of I-140 approval notice.
• Letter from your employer confirming you still have your job.
• Recent pay stubs and your I-94 travel record.

At the port of entry, officers may review these items to confirm you still qualify for H-1B or L-1 admission and that your story matches your documents.

Step 3: If You’re on F-1, TN, or Other Visas with Pending I-485

The rules are stricter for nonimmigrant visa holders who have filed I-485. If you are on F-1, TN, or other similar visas and have a pending I-485, you must obtain Advance Parole (Form I-131) before leaving the United States. Leaving without it can cause your I-485 to be treated as abandoned, forcing you to restart the green card process.

Step-by-step plan:

1. File Form I-131 for Advance Parole after or together with your I-485.
   • See the official USCIS I-131 page: https://www.uscis.gov/i-131.
2. Wait for Advance Parole to be approved and the document issued.
3. Only travel after you have the Advance Parole document in hand.
4. Carry the Advance Parole document when you travel and when returning to the U.S.

Important: An approved I-140 alone does not replace Advance Parole for these categories once an I-485 is pending.

Step 4: Planning Travel for Dependents

Dependents (spouse and children) are affected by the same rules:

• H-4, L-2, K-3, and K-4 dependents may travel if they keep valid dependent status and the principal H-1B or L-1 holder remains in valid status.
• If dependents have filed I-485, they must follow the Advance Parole rules unless they hold valid H-4 or L-2 status tied to the principal’s H-1B or L-1.

Family planning checklist:

• Check each family member’s visa stamp and passport validity.
• Make sure every dependent carries proof of relationship to the principal visa holder.
• Coordinate everyone’s return date with the principal worker’s employment plans.

Step 5: Travel Document Checklist

Essential documents to carry when traveling with an approved I-140:

• Valid passport with at least six months of validity remaining
• Valid visa stamp (if required for re-entry)
• Copy of I-140 approval notice
• Copy of current work visa approval notice (H-1B, L-1, etc.)
• Letter from your employer confirming continued employment
• Recent pay stubs
• I-94 Travel Record

You can use this table as a quick reference:

Tip: Keep these documents together in a folder in your carry-on for easy access during inspection.

Step 6: Watch Visa Expiration and Entry Limitations

The source warns against travel when your visa is expiring soon or does not allow multiple entries, since that can complicate returning to the U.S. Actions to take:

• Check whether your visa stamp allows multiple entries.
• Verify the exact expiration date on your visa.
• Avoid travel close to visa expiration unless you have a clear re-entry plan or a new visa appointment.

If your visa situation looks tight, consider delaying travel until you have a clearer path to re-entry.

Step 7: When Consular Processing Is Part of the Picture

If you plan to finish your green card through consular processing, coordinate travel with the National Visa Center (NVC) and the relevant U.S. embassy or consulate to schedule your immigrant visa interview.

At that point, travel becomes part of finalizing your green card process — your trip may be when you appear at the consulate to move your case forward.

Step 8: Keeping Perspective on What I-140 Really Means

Important reminder: an approved I-140 is not a green card. It is a crucial intermediate step showing you qualify to apply for permanent residency, but you still must complete either:

• I-485 Adjustment of Status in the United States, or
• Consular Processing abroad.

VisaVerge.com reports many workers confuse I-140 approval with permanent residence and are surprised when travel rules still depend on their temporary status and documents like Advance Parole.

Key takeaway: I-140 approval helps your green card case, but your actual travel rights and re-entry depend on your current nonimmigrant status, whether an I-485 is pending, and whether you hold the correct travel document (like Advance Parole) when required.

For official background on permanent residence and travel, see the USCIS website at https://www.uscis.gov for government explanations of forms, travel documents, and lawful permanent residence.