Travel without Travel document but signed I-20

[Arete88 4]

19 minutes ago, geowrian said:

No problem.

1. H-1B visas support what's called "dual intent". This allows them to be non-immigrant visas but permit immigrant intent. Most visas, including student and tourist visas, do not support immigrant intent. Specifically, the part regarding non-immigrant intent is under INA 214(b). This section of the INA explicitly exempts certain classes of aliens from the non-immigrant intent provision. I forget exactly what classes this entails, but I know H-1B, L-1, O-1, and E-2 visas support this. I think there's a couple more that do as well (U and V visas maybe?). K-class visas support immigrant intent as well.
2. If you exit the US with a pending AOS application and without AP being granted, USCIS policy is to treat the application as abandoned and deny it (and any dependent applications like the EAD and AP). This is the case for (almost) any visas type unless you are granted AP prior to departure.
   1. I had to do a little lookup to find the specific section of the INA, but it's under INA 245.2:
      (ii) Under section 245 of the Act . (A) The departure from the United States of an applicant who is under exclusion, deportation, or removal proceedings shall be deemed an abandonment of the application constituting grounds for termination of the proceeding by reason of the departure. Except as provided in paragraph (a)(4)(ii)(B) and (C) of this section, the departure of an applicant who is not under exclusion, deportation, or removal proceedings shall be deemed an abandonment of the application constituting grounds for termination of any pending application for adjust ment of status, unless the applicant was previously granted advance parole by the Service for such absences, and was inspected upon returning to the United States. If the adjustment application of an individual granted advance parole is subsequently denied the individual will be treated as an applicant for admission, and subject to the provisions of section 212 and 235 of the Act. (Paragraph (a)(4)(ii) revised effective 7/1/99; 64 FR 29208 )
   2. The exceptions listed above includes certain classes of aliens exempt from that restriction, such as H-1B holders again.

 

This is great info. I truly appreciate it. I guess my only option is to stay optimistic that I’ll get the AP on time.

[geowrian 22,337]

2 minutes ago, Arete88 said:

This is great info. I truly appreciate it. I guess my only option is to stay optimistic that I’ll get the AP on time.

Best wishes!