Can I leave the US while my I-485 is pending?
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Community answers
The answers below are translated from the original Russian - the language of the community chats.
Filing the I-140 does not impose exit restrictions. Filing the I-485 imposes certain restrictions: to leave reliably with a pending I-485, you need to file an I-131 and request advance parole. It is sent with a notice that they cannot guarantee your re-entry, but with advance parole, there is a 99 percent chance you will be let in. If you leave without it, the I-485 will be automatically denied - this applies to most visas, except for L-1 and H-1B.
With EB-1 and EB-2, you can obtain a travel document, also known as advance parole. You can leave and re-enter the country, but only while your case is under review. It's best to consult with a lawyer about this topic.
It's better to discuss this with a lawyer. But as I understand it, while you have not filed I-485 for a status change, you can move freely. If filed simultaneously with I-140, then it's better to wait for the travel document. And what happens to the O-1 status in case of denial of the status change - it's best to clarify with a lawyer.
No, if there is a denial of the I-485, nothing will happen to the non-immigrant status. Lawyers often advise to maintain a non-immigrant status until the last moment. Only if the O-1 itself has expired will the status be lost.
The answers are anonymized community experience from the public chats, not legal advice. Officers may decide similar cases differently.
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A reference page built from community experience, not legal advice. Requirements and practice change - verify on uscis.gov.
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