Frequently Asked Questions about Adjustment of Status and Nonimmigrant Status

H-1B Visas

• I was in H-1B visa status, but I recently filed for adjustment of status. What is my current status?
• If I have a valid H-1B visa, do I need to request Advance Parole to travel internationally?
• I am in H-1B status which will soon expire. I filed an I-485 adjustment of status, and received an EAD.  Will I have to renew my H-1B if I am still waiting for my adjustment to be approved?
• I am in H-1B status, but recently filed for adjustment of status. My Advance Parole was approved. If I leave the country, will I lose my H-1B status?
• I am on an H-1B visa, and have an I-485 pending.  I received an EAD.  Am I still in H-1B status?  Will international travel affect my status?
• I originally was in H-1B status, but I recently filed for adjustment of status based on an approved I-140.  I also received employment authorization when I filed for my adjustment. Am I now allowed to work for a different employer?
• My wife was in H-4 when she filed for adjustment. She also received employment authorization when she filed for adjustment. If she works using her EAD, will I lose my H-1B status?

J Visas

• I entered the United States on a J-1 visa and am now married to a U.S. citizen.  May I adjust my status?

K Visas

• I came to the United States with a K (fiancé) visa. I am now married to the same person who invited me to the United States. May I adjust my status to permanent resident?
• I came to the United States with a K (fiancé) visa, but I married another person who is also a U.S. citizen.  May I adjust my status to permanent resident?

Visa Waiver Program

• I came to the United States under a Visa Waiver program. I am now married to a permanent resident. May I adjust my status in the United States?
• I came to the United States under a Visa Waiver program. I am now married to a U.S. citizen. May I adjust my status in the U.S.?

H-1B Visas

I was in H-1B visa status, but I recently filed for adjustment of status. What is my current status?

You are still in H-1B status so long as it is valid.  To maintain this status, you must travel on your H-1B visa rather than using Advance Parole, and you must work on your H-1B rather than on your EAD.

If I have a valid H-1B visa, do I need to request Advance Parole to travel internationally?

No, H-1B visa holders and their dependents may travel abroad and re-enter the United States in H-1B status while an application for adjustment of status is pending, without the need to first obtain advance parole.  To re-enter the U.S. in H status without abandoning your I-485 petition, you must present evidence of H status as well as a receipt notice for the I-485 petition filing. This same documentation must be shown to a consular official if applying for a new H visa abroad while the I-485 petition is pending.

I am in H-1B status which will soon expire. I filed an I-485 adjustment of status, and received an EAD.  Will I have to renew my H-1B if I am still waiting for my adjustment to be approved?

You may want to consider extending your H-1B in case your adjustment application is denied.  If your adjustment is denied and you did not extend your H-1B, you would be out of status. You can, however, work for your employer on your EAD without renewing your H-1B visa. 

I am in H-1B status, but recently filed for adjustment of status. My Advance Parole was approved. If I leave the country, will I lose my H-1B status?

In this circumstance, you have to make a choice at the border whether you would like to be “paroled” into the United States, or be admitted in H-1B status.  Even if you had previously been “paroled” into the United States by entering with your Advance Parole document, you may be readmitted in H-1B status if you are still eligible for H-1B classification, you have a valid H-1B visa, and you show proof of an approved H-1B petition.

I am on an H-1B visa, and have an I-485 pending.  I received an EAD.  Am I still in H-1B status?  Will international travel affect my status?

You would still be in H-1B visa status even after receiving your EAD based on your pending I-485 petition.  If you travel internationally, you may re-enter the United States in H status even after obtaining an EAD, so long as you have not left the employer who petitioned for your H-1B petition to work for a different employer, using your EAD as work authorization.

I originally was in H-1B status, but I recently filed for adjustment of status based on an approved I-140.  I also received employment authorization (an EAD) when I filed for my adjustment. Am I now allowed to work for a different employer?

You can change your employer after your adjustment of status application has been filed for more than 180 days (six months) so long as the employment is in the same or similar occupation as described in your I-140 petition.  Your EAD allows you to work for any employer, but using the EAD to work will cause you to lose your H-1B status.  

My wife was in H-4 when she filed for adjustment. She also received employment authorization when she filed for adjustment. If she works using her EAD, will I lose my H-1B status?

No, you will not lose your status because your wife is working.

J Visas

I entered the United States on a J-1 visa and am now married to a U.S. citizen.  May I adjust my status?

Yes, if you are not subject to the two-year residency requirement or if the requirement has been waived.  If you are still subject to the two-year residency requirement, you will not be able to adjust your status or apply for an immigrant visa until the home residency requirement is satisfied.

K Visas

I came to the United States with a K (fiancé) visa. I am now married to the same person who invited me to the United States. May I adjust my status to permanent resident?

Yes, as long as you married the person within 90 days after you were admitted to the United States in K visa status.

I came to the United States with a K (fiancé) visa, but I married another person who is also a U.S. citizen.  May I adjust my status to permanent resident?

No. You must have married the person who petitioned for the K visa to be eligible for adjustment of status.

Visa Waiver Program

I came to the United States under a Visa Waiver program. I am now married to a permanent resident. May I adjust my status in the United States?

No, you are ineligible to adjust your status because you entered on the Visa Waiver Program.

I came to the United States under a Visa Waiver program. I am now married to a U.S. citizen. May I adjust my status in the U.S.?

Yes, you are eligible to adjust your status even though you entered on the Visa Waiver Program because there is an exception for immediate relatives of U.S. citizens.