TN, Adjustment of Status, Travel & Work — What You Need to Know
Complete Guide to Managing Travel and Work Authorization During Your Green Card Application
If you filed Adjustment of Status (Form I-485) and your Advance Parole isn't approved yet
Critical Rule
Don't travel. Leaving the U.S. before Advance Parole (Form I-131) is approved usually means USCIS treats your green card application (Form I-485) as abandoned.
Exceptions: H-1B/H-4 and L-1/L-2 Visa Holders
H-1B/H-4 and L-1/L-2 visa holders may leave and return in the same valid status without abandoning their Form I-485 (if all normal requirements are met).
However: Even for H or L travelers, departing while Advance Parole is still pending usually causes that Advance Parole application to be denied or canceled, and improper reentry (e.g., using Advance Parole instead of the visa) can still risk the green card application.
Rule of thumb: Wait for your Advance Parole approval before any international travel unless an immigration attorney confirms your H/L reentry will be fully compliant.
If you re-enter using Advance Parole
You are "paroled," not admitted in your visa status. Parole is a temporary entry granted under INA § 212(d)(5).
- Once you reenter on Advance Parole, your TN (or other visa) status ends.
- You must use an Employment Authorization Document (EAD, employment card) based on your pending green card application to work lawfully.
If your green card application (Form I-485) is denied after Advance Parole re-entry
- Your parole terminates immediately, and you no longer have valid status in the U.S.
- You cannot resume work under your old visa.
- You must either depart the U.S. right away or obtain a new status (such as filing for a new TN at a border or consulate).
Employment Authorization Document (Form I-765) and Advance Parole (Form I-131): Who really needs them?
| Form | What it does | Who needs it |
|---|---|---|
| Employment Authorization Document (Form I-765, EAD) | Lets you work while green card application is pending | Optional if you already have work authorization (e.g. valid TN/H-1B/L-1) |
| Advance Parole (Form I-131) | Lets you reenter the U.S. while green card application is pending | Strongly recommended if you may travel abroad before green-card approval |
Many people file Employment Authorization and Advance Parole together for flexibility, but they are not required if you already have a valid work visa and plan not to travel.
Visa Bulletin timing matters
- You can file Adjustment of Status (Form I-485) only when your priority date is current under the U.S. Department of State's Visa Bulletin.
- Dates vary by employment category (EB-1, EB-2, EB-3) and country of birth.
- If your date is not current, you must wait and maintain your underlying status until filing is allowed.
TN vs. Dual-Intent Visas (H/L)
| Visa Type | Dual Intent? | Travel while I-485 pending | Work Authorization |
|---|---|---|---|
| TN | No | Must wait for Advance Parole approval; otherwise green card application abandoned | TN only until Advance Parole use |
| H-1B / H-4 / L-1 / L-2 | Yes | Can travel and reenter in same visa status without abandoning green card application | Continue working under visa |
Dual intent means you can lawfully be in temporary status while seeking permanent residency. TN is not dual intent.
Simple Takeaway
- Wait for Advance Parole approval before traveling.
- After entering on Advance Parole, work only on Employment Authorization Document (EAD).
- If green card application (Form I-485) is denied, you lose status and must depart or reapply.
- Dual-intent (H/L) visa holders have more flexibility but should still avoid travel while Advance Parole is pending to prevent its denial.