USCIS published a revised regulation on November 1, 2007, removing the I-485 original receipt notice requirement for certain H and L nonimmigrants traveling and returning to the U.S. during the pendency of the I-485 application. The rule is effective immediately.

Individuals who are in H-1B, H-4, L-1 and L-2 status who have pending applications for adjustment of status do not need to present the I-485 receipt at the time of entry back to the United States. If you are an H-1B or L-1 nonimmigrant who travels internationally, you can return to the US using your "normal" documents for such travel so long as you intend to maintain your H-1B or L-1 nonimmigrant employment upon return. H-1B or L-1 nonimmigrants who are not visa exempt must have a valid H-1B or L-1 visa in their passports along with the original approval notice unless the L-1 is based on a blanket approval for the company. If you are visa exempt (Canadian citizen), you only need the H-1B or L-1 approval notice to enter.

The family members of H-1B and L-1 nonimmigrants can use the same basic rules to enter but there is the added restriction that the H-4 and L-2 nonimmigrants can only maintain status as H-4 and L-2 nonimmigrants if the employed spouse will remain in H-1B or L-1 status. For example, if the principal beneficiary uses an EAD to work for another employer or has significant changes in his/her employment with the sponsoring company (e.g. change in location) then the principal spouse is no longer maintaining H-1B or L-1 status and therefore family members are no longer maintaining their status.

• Travel as an H-1B is allowed when the H-1B will continue to work for the H-1B employer in the same position outlined in the H-1B visa petition. If this is not the case, then the entry must be done using an advance parole document.
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• Travel as an L-1 is allowed when the L-1 will continue to work for the L-1 employer in the same type of position as outlined in the L-1 visa petition. If this is not the case, then the entry must be done using an advance parole document.
• Travel as an H-4 nonimmigrant spouse is allowed when the H-1B spouse continues in the same employment and so long as the H-4 spouse does not use an EAD. If either is not true, then the entry must be done using an advance parole document.
• Travel as an H-4 nonimmigrant child is allowed when the H-1B parent continues in the same employment and so long as the child does not use an EAD. If either is not true, then the entry must be done using an advance parole document.
• Travel as an L-2 nonimmigrant spouse is allowed when the L-1 spouse continues to work for the L-1 employer in the same type of position as outlined in the L-1 visa. An L-2 nonimmigrant spouse working on an EAD does not violate the L-2 status since such employment is allowed under the L-2 classification.
• Travel as an L-2 nonimmigrant child is allowed with the L-1 parent continues to work for the L-1 employer in the same type of position as outlined in the L-1 visa. An L-2 nonimmigrant child who works on an EAD is no longer maintaining L-2 status and must use an Advance Parole document to enter the U.S.

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