Can I Travel While My Change of Status Is Pending? Risks and Alternatives
If you’re in the United States on a temporary visa and have applied to change your immigration status, such as moving from a student visa (F-1) to a work visa (H-1B), you may be wondering: Can I travel outside the U.S. while my change of status application is pending? Unfortunately, the answer is more complicated than a simple yes or no, and missteps can have serious consequences for your immigration journey.
At Sharma Law Associates, our New York immigration attorneys help clients navigate these time-sensitive decisions with clarity and care.
Here’s what you need to know before booking that international trip.
Why Traveling Can Jeopardize a Pending Change of Status
When you file Form I-539 or Form I-129 to request a change of non-immigrant status, you’re asking U.S. Citizenship and Immigration Services (USCIS) to approve a transition from one visa type to another without leaving the United States. This request assumes you will remain in the U.S. while processing the application.
If you leave the country while your application is pending, USCIS considers that request “abandoned.” That means your status change may be automatically denied, even if you had a strong case. In other words, even brief travel outside the U.S. can undo months of progress.
Examples of when this becomes an issue include, but are not limited to:
A student on an F-1 visa applies for an H-1B change of status but travels home for a wedding before it is approved.
A visitor on a B-2 visa files to extend their stay but leaves for a medical appointment abroad.
An H-1B worker files for a change to O-1 status and takes a business trip before USCIS issues a decision.
In each case, leaving the U.S. could result in the application being denied or delayed, leaving the person out of status or stuck abroad.
There are exceptions, but with caution. Travel is allowed if you applied for a status change under the H-1B cap with a request for consular processing because you're not asking USCIS to change your status in-country. Instead, you’ll attend a visa interview at a U.S. consulate once your petition is approved.
In contrast, if you requested a change of status within the U.S., traveling before approval will likely result in denial. Always consult an immigration attorney to determine if your circumstances include any exceptions or strategic workarounds.
If travel is unavoidable, consider the following options:
Request consular processing instead of a change of status. You’ll attend a visa interview abroad but won’t risk abandonment.
Wait for approval, then travel. This ensures your new status is secured before you leave.
Apply for advance parole (in limited situations, such as pending adjustment of status) to preserve your application while traveling.
Speak to a New York Immigration Attorney Before You Travel
Immigration rules are nuanced, and even well-intentioned travel plans can derail your legal status. Before you leave the country while a status change is pending, speak with our experienced team at Sharma Law Associates. We’ll review your case, explain your risks, and help you decide the safest way forward.
Call us at 646-921-6630, contact us online, or schedule a consultation to protect your immigration future before you book your trip.