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Questions about Traveling & Work Authorization

Traveling on the 131-AP or Green Card

Sara Agudelo avatar
Written by Sara Agudelo
Updated over a month ago

Please contact our BDV Client Services team after work authorization and before making any travel plans prior to starting work for your sponsor.

If you are hoping to travel internationally after receiving the EAD or Green Card (whichever comes first):

You should not plan to travel for more than 3 weeks, since your sponsor will be waiting on you to work upon receipt of your work authorization.

May I travel to my country while in the process of changing status?

See this article for the timing of travel during your EB-3 process.

May I travel on my Advanced Parole (AP) before starting work?

Yes, with prior approval from the BDV Client Services team. Your sponsor can approve a trip of 3 weeks or less, because after that, they will need you to prepare to start work. You should have a valid AP document (I-131) to travel.

Note: Please do not depart for international travel without discussing your plans with your attorney for their legal guidance specific to your case.

May I travel on my AP after starting work, before my 1 year of work is complete?

You should not leave the sponsor for frequent or long trips during your 12-month contract, because you could lose your job and this could jeopardize your immigration case. Leaving your sponsor for weeks at a time will also negatively affect their staffing needs, and they may not allow you to return to work after being gone for so long. If you have any pressing travel plans after you start work, please discuss with your manager.

May I travel on my AP after my 1 year of work is complete, if my green card is still pending?

If you have worked your full 12-month commitment, and your Green Card is still pending, there are 2 questions to consider:

1) Request your travel time from your sponsor. Ask what length of vacation they can provide (a longer vacation of several weeks may not be possible). Ask if you can continue employment upon your return (because your I-485 is pending). Please know there is no guarantee of approval of travel or keeping the job.

2) Check with your attorney for their advice about re-entering the US using your valid AP.

What if I receive an EAD without an AP travel approval?

Somtimes, the EAD may be approved before the AP. But you need a valid AP to travel.

If I receive my Green Card first, can I travel before starting work?

Yes, with prior approval from the BDV Client Services team. We can approve a trip of 3 weeks or less.

Once I start working, if I receive my GC after a couple months of working, is it possible to visit my home country for a short time with the promise of returning to the sponsor to finish the contract?

No, the Sponsor will not be happy for a newly hired candidate to take a leave of absence beyond 1-2 days. And since it is rarely feasible to visit another country and visit with family in just a few days’ time, this is strongly discouraged.

Further, it could be grounds for termination dependent upon the employer's attendance policy. And termination from your sponsor position could jeopardize your immigration processes. You could plan the visit after your work is complete or possibly invite family members here to the US to visit you.

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