Effective November 1, 2007, certain H and L non-immigrants (and their dependents in H and L status) are no longer required to present receipt notices for their adjustment of status applications upon returning to the United States following a trip abroad.
Under the current regulations, persons maintaining H-1 and L-1 status, including their H-4 and L-2 dependents, are permitted by statute to maintain this status while seeking to obtain permanent residency. Accordingly, such applicants do not need to obtain advance parole prior to departing from the United States in order to avoid having their applications for adjustment of status deemed to be abandoned. However, adjustment of status applicants maintaining H or L status have been required to submit original receipt notices for the application for adjustment of status (i.e., the Form I-797 Notice of Action), upon their reentry to the United States from other countries.
U.S. Citizenship and Immigrations Services (USCIS) has deemed this requirement to be unnecessarily burdensome on such applicants. While original receipt notices will no longer need to be presented as of November 1, 2007, H and L nonimmigrants with pending adjustment of status applications will still need to demonstrate to the immigration officer at the port of entry that they (1) remain eligible for H-1/H-4 or L-1/L-2 nonimmigrant status, (2) will resume employment with the same employer for which they had previously been authorized to work as an H-1 or L-1 nonimmigrant (this is not applicable to persons in H-4 or L-2 status), and (3) are in possession of a valid H-1/H-4 or L-1/L-2 nonimmigrant visa (if a visa is required).