The regulations governing applications for adjustment of status make it clear that applicants may only travel abroad under very specific circumstances while their applications are pending. The first thing that needs to be understood is that not everyone may travel after they apply for adjustment of status (AOS). The regulations make it clear that if an applicant for AOS leaves the United States while their application is pending, the application is deemed abandoned automatically. The regulations provide for two exceptions:

8 CFR 245.2(a)(4)(ii)
. . .

(B) The travel outside of the United States by an applicant for adjustment who is not under exclusion, deportation, or removal proceedings shall not be deemed an abandonment of the application if he or she was previously granted advance parole by the Service for such absences, and was inspected and paroled upon returning to the United States. If the adjustment of status application of such individual is subsequently denied, he or she will be treated as an applicant for admission, and subject to the provisions of section 212 and 235 of the Act.

(C) The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-1 or L-1 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa (if required). The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-4 or L-2 status shall not be deemed an abandonment of the application if the spouse or parent of such alien through whom the H-4 or L-2 status was obtained is maintaining H-1 or L-1 status and the alien remains otherwise eligible for H-4 or L-2 status, and, the alien is in possession of a valid H-4 or L-2 visa (if required). The travel outside of the United States by an applicant for adjustment of status, who is not under exclusion, deportation, or removal proceeding and who is in lawful K-3 or K-4 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien is in possession of a valid K-3 or K-4 visa and remains eligible for K-3 or K-4 status. [emphasis added]

These exceptions are limited. If an AOS applicant travels abroad without advance parole or a valid H1b, h1, L1, L2, K3 or K4 visa, their application will become void automatically upon their departure.

It is possible to leave the US in possession of advance parole, and return using a new H or L visa acquired abroad during the applicant’s absence. The applicant must, however, at least have a valid grant of advance parole before leaving.