H1B Departure Statement

Leaving the Country on an HB-1 visa while I-485, Adjustment of status application is pending.

Generally, departure from the U.S. without advance permission to leave while your adjustment of status application is pending is considered abandonment and your case will be denied. If you are in lawful or valid HB-1 visa status, you may be allowed to leave the country without applying for advanced parole. However, if you are in removal proceedings or your H1-B is set to expire then you should consult an attorney at Wani & Associates, P.C. immediately before buying your flight tickets to leave the country. Leaving without advanced parole or permission from the government does not guarantee 100% that you will be able to re-enter the U.S. However, you may be eligible to leave and return if: (1) you are returning to the U.S. to resume employment with your same H-1B sponsor employer; and (2) you are in possession of a valid L or H visa. If you qualify, then you do not need to bring the receipt for your adjustment of status application with you. Also, your dependents in lawful H-2 status may be eligible to travel with you so longas you/the principal meet the above requirements.

Our Attorneys

Intuitive, insightful, assiduous, sedulous, diligent and meticulously commited to the success of our clients.

Mumtaz Wani

Lead Counsel

Mr. Wani is an eminent and a singularly distinguished attorney with over thirty years of extensive legal experience. His remarkable scholarship, comprehensive understanding of the law, coupled with his genuine, and veritable concern for the welfare of our clients, makes him an extremely rare and atypical find.

Antonio Ochoa


Antonio Ochoa is an experienced attorney who has successfully litigated and represented clients in a variety of matters, including Asylum and Removal Defense, Misdemeanor and Felony Criminal Trials, Child Custody Hearings, USDA Administrative Review for SNAP Violations, and Landlord/Tenant disputes.find.