Can I travel outside the U.S. while my I-140 is pending, if I hold another status?

Generally, yes, but with caution. Having a pending I-140 under EB-2 NIW is not, by itself, a barrier to travel. What typically determines whether you can travel is your current status and the documents you hold to re-enter the United States.

If you maintain a valid nonimmigrant status that allows re-entry, such as H-1B or L-1, departing while the I-140 is still pending normally does not prevent your return, provided you have the correct documentation, such as a valid visa or, where applicable, travel authorization (Advance Parole) for those who have already filed for adjustment of status.

• Traveling without the proper document can complicate re-entry and affect future plans.
• Each status has its own rules and restrictions, so review the ones that apply to your case.
• Keep your documentation organized and your status current before departing.

Since the details vary considerably depending on status and stage in the process, it is worth confirming current guidance with USCIS and reviewing your travel plans with a trusted immigration professional before making a decision.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.