On June 1, 1999, the Immigration and Naturalization Service published an interim rule at 64 Federal Register 29209. The rule amends the previous Service policy statements regarding the eligibility of H-1 and L-1 [there is a move to extend this to F, E and O visa holders] non-immigrants, and their dependent family members, to maintain and to extend their non-immigrant status while their applications for permanent residence remain pending.
This rule also addresses the issue of the eligibility of these aliens to travel outside the United States without their applications for Adjustment of Status. As long as H-1 and L-1 non-immigrants remain compliant with their non-immigrant classification, including restrictions on periods of stay, change of employer and engaging in employment, the mere fact that they have filed an application for adjustment of status does not make them ineligible for extensions or applicable changes to their nonimmigrant status Further, the rule also amends Section 245 by providing that an H-1 or L-1 nonimmigrant with a pending application for adjustment of status no longer needs to seek advance parole to travel abroad. An H-1 or L-1 nonimmigrant may be readmitted to the United States in the same status provided that her or she has a valid H-1 or L-1 visa, has the original I-797 receipt notice for the I-485 filing, and remains eligible for H-1 or L-1 classification.