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Can O-1 Visa Holders Travel While an I-485 Green Card Application Is Pending?
Just as change of status imposes restrictions on international travel, the adjustment of status process requires that applicants stay within the United States. While the O-1 visa is considered as a quasi-dual intent visa, it lacks certain privileges afforded to proper dual intent categories like H-1B or L-1 visas. U.S. immigration regulations explicitly permit H-1B and L-1 visa holders to depart and re-enter the United States using their existing visas without abandoning their adjustment of status application. Unfortunately, O-1 visa holders do not benefit from this same regulatory carve-out. If an O-1 visa holder departs the United States without first obtaining advance parole (Form I-131), their I-485 application will be deemed abandoned, potentially derailing their path to permanent residence.
There are also strategic considerations regarding re-entry methods. If you re-enter the United States using your advance parole document, you will be admitted as a parolee rather than in O-1 status. This distinction carries significant implications because parolees cannot work unless they possess valid employment authorization, such as the Employment Authorization Document (EAD) that accompanies the combination card.
It is equally important to account for advance parole processing times, which can extend several months. For this reason, international travel should not be scheduled until the advance parole document has been received and is in hand.
In summary, while the O-1 visa is considered a form of dual-intent visa, holders do not enjoy the same travel flexibility as H-1B or L-1 visa holders when a green card application is pending. O-1 status holders who need to travel internationally must ensure that their travel plans will not compromise their adjustment of status process or employment authorization status.
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