Leaving the United States: What Happens to Your I-140 Petition

(UNITED STATES) Many workers worry that leaving the country will ruin their green card process, especially if an I-140 is pending or approved. The truth is more reassuring: your trip outside the United States 🇺🇸 almost never kills the I-140 itself. The real risk usually lies with your I-485 Adjustment of Status case and whether you have Advance Parole.

Below is a step-by-step walk-through of the whole journey so you know what to expect at each stage, how long things may take, and what you must do before you travel.

Step 1: Employer files the I-140 Immigrant Petition

Your green card process through employment usually starts when your U.S. employer files Form I-140, Immigrant Petition for Alien Worker with U.S. Citizenship and Immigration Services (USCIS). You can read about this form on the USCIS I-140 page.

Key points at this stage:

• The I-140 is an employer-sponsored petition.
• It belongs to the employer, not to you personally.
• USCIS can approve or deny it whether you are inside or outside the United States.

Important: If you leave the United States while the I-140 is pending or after it is approved, the I-140 itself remains valid and is not automatically canceled or abandoned just because you traveled.

Step 2: Traveling while the I-140 is still pending

You may need to travel for work, family, or an emergency while the I-140 is still processing.

Main points:

• Travel does not affect I-140 processing. USCIS continues to review the petition as usual.
• The real issue is re-entry. To return you must have a valid visa stamp in your passport (for example, H-1B, L-1, or O-1) and it must allow multiple entries.

Risks:

• If your visa expires while you are abroad or you don’t have a multiple-entry visa, re-entry can become difficult.
• The I-140 alone does not give you a right to re-enter the United States.

Step 3: Filing the I-485 Adjustment of Status application

Once an I-140 is filed and your priority date is current, many people file Form I-485, Application to Register Permanent Residence or Adjust Status. You can review this form on the USCIS I-485 page.

At this point you are asking to move from a nonimmigrant status (like H-1B or F-1) to permanent resident status while staying inside the United States.

This is where travel becomes very sensitive. The rules for an I-140 alone versus an I-140 plus I-485 are very different.

Step 4: Advance Parole becomes critical after I-485 filing

Once you file an I-485, leaving the United States without proper travel authorization is treated as if you gave up the I-485.

From the source:

• If you leave the U.S. after filing I-485 without Advance Parole, USCIS treats it as abandonment of the I-485.
• That can jeopardize your entire green card process, even though the I-140 may still stay valid.

Advance Parole details:

• Advance Parole is usually requested via Form I-131, Application for Travel Document on the USCIS Advance Parole page.
• When approved, Advance Parole lets you leave and come back while your I-485 is pending without abandoning it.

Special exception for H-1B and L-1 workers

• Many H-1B and L-1 workers may travel abroad and return without using Advance Parole, provided:
  • Their visa stamp is valid,
  • They plan to return to the same employer, and
  • They keep the same status.

If you meet these conditions, travel usually does not count as abandonment of the I-485. Still, verify details before you leave.

Step 5: If you are outside the U.S. when the I-140 is approved

If you travel while the I-140 is pending and it gets approved while you’re abroad:

• I-140 approval alone does not let you board a plane and move back to live in the United States.
• You must proceed with consular processing at a U.S. consulate or embassy, usually in your home country.

Consular processing typically involves:

1. Case is sent to the consulate.
2. You complete required forms and submit supporting documents.
3. You attend an immigrant visa interview.
4. A consular officer decides if you meet visa requirements.

Note: Even with an approved I-140, a visa is not guaranteed. Consular officers make independent determinations based on law and your personal history.

For general information about immigrant visas, see the U.S. Department of State’s immigrant visa page: https://travel.state.gov/content/travel/en/us-visas/immigrate.html

Step 6: Extra care for F-1 students and other nonimmigrant visa holders

The material warns that F-1 students and some other nonimmigrant visa holders need to plan much more carefully.

Two main concerns:

• Many nonimmigrant visas (like F-1) are based on nonimmigrant intent — you must show you plan to return home after your studies.
• A pending I-140 or I-485 suggests immigrant intent, which can make obtaining a new F-1 visa more difficult.

Recommendations:

• If you’re on F-1 and plan to travel while your I-140 is pending, consider filing I-485 and Advance Parole first if you qualify.
• Traveling without proper documents (for example, leaving after filing I-485 without Advance Parole) may cause serious problems at the border or consulate.

VisaVerge.com reports that international students often underestimate how a pending I-140 can affect visa interviews — careful planning is essential.

Step 7: Practical timeline and planning checklist

The exact timing varies, but the typical order of steps is:

1. Employer files I-140.
2. You decide whether to stay in the U.S. or travel while it is pending.
3. When your category and priority date are current, you either:
   • File I-485 inside the U.S., or
   • Plan for consular processing abroad.
4. If you file I-485, you also request Advance Parole before any trip outside the U.S.
5. If you must travel, choose one:
   • Use a valid H-1B or L-1 visa (if you qualify under the exception), or
   • Use Advance Parole after it is approved.

Before any trip, ask yourself:

• Do I have a valid visa to re-enter?
• Have I filed I-485 yet?
• Do I already have Advance Parole in hand?
• Am I on a status like F-1 where nonimmigrant intent is important?

Your answers determine whether travel is low risk or very risky.

Quick checklist (table)

Key takeaways

Simply leaving the United States does not cancel or invalidate your I-140. The petition continues, and you can move forward either by filing I-485 inside the U.S. or through consular processing abroad.

The real danger is unplanned travel after filing I-485 without Advance Parole — especially for those not in H-1B or L-1 status. USCIS may treat the I-485 as abandoned, which can set your green card plans back and force consular processing instead.

Careful planning of each step — I-140, I-485, and Advance Parole — along with an honest review of your travel needs will help keep your case on track while you move in and out of the country when necessary.