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.