DHS Final Rule Effective November 1, 2007: I-485 Receipt Notices No Longer Required When Traveling Under the H and L Visas After Filing for Permanent Residence
By Neil S. Dornbaum and Kathleen M. Peregoy
Now that the holiday travel season is almost upon us, it is worthwhile
to remind you that last year the Department of Homeland Security (DHS) issued
a Final
Rule, effective November 1, 2007, that eliminates the previous requirement
that all foreign nationals who travel abroad under their current H or L
status must possess an original receipt notice for a filed I-485, Application
for Adjustment of Status. Before this Final Rule was published, a pending
I-485 application was voided if the applicant traveled abroad without either
an approved advance parole (AP) or a valid H (H-1B/H-4) or L (L-1/L-2) visa
together with the original receipt notice pertaining to the filing of an
application for adjustment of status, upon reentry into the United States.
The Final Rule repeals the I-485 receipt notice requirement and allows applicants in H-1B/H-4 or L-1/L-2 to travel without it, without risking the validity of their pending I-485 applications. The rule was issued in the wake of the mass of I-485 filings in June, July, and August 2007 because many immigrant classes were deemed current, and there was a wave of filed I-485s for which receipts could not be issued timely due to volume. An effort to increase convenience and eliminate unnecessary burdens on foreign nationals traveling, the requirement was lifted because DHS could not guarantee immediate issuance and mailing of receipt notices due to the influx of applications.
To avoid problems for applicants in H1B/H-4 or L-1/L-2 status who want or
need to travel abroad, this Final Rule was issued to accommodate any immediate
and necessary travel by I-485 applicants currently in H or L status.
Neil S. Dornbaum and Kathleen Peregoy are members
of Dornbaum & Peregoy
LLC Newark, New Jersey. Their practice is limited to immigration
and naturalization with special emphasis on employment-based immigration.
The firm is listed in Martindale-Hubbell’s “Preeminent
Lawyers,” and both members are listed in “Best Lawyers
in America.”
They also appear in New Jersey Magazine’s listing
of “Top Lawyers” for their work in immigration law,
and the “Super Lawyers” publications.
© Copyright 2008, American Bar Association.
