My husband is here on an L1 visa that is valid until April 2005. We married in Feb 2004 and filed I130 and I485 and also for EAD which he has gotten. His brother is coming to visit us next month and he would like to take him to visit Niagra Falls in Canada which is a short drive for us. Can my husband cross the border and back safely without advanced parole? As an L1 he can travel but once we started greencard proceedings for him after our marriage did that nullify his ability to travel safely back and forth with his L1? Thanks for your help.

He would need advanced parole to go to canada. His L1 is no longer working for him and he is a pending adjustee. In fact he shouldnt even go to canada as there is no guarentee that the border BCIS will allow him back in.

Actually he will be allowed to travel under his L1 visa AS LONG AS he has continued employment with the employer under the L visa, and he has not otherwise violated his L1 status...working with another company with his EAD. Otherwise, he will need to obtain an advance parole to re-enter the U.S. Please keep in mind that if he needs to travel under the advance parole, he will be placed on secondary inspection when he returns while the officer check that he indeed has an adjustment pending. Presently, holders of L-1A AND H-1B can continue traveling with their visas while the adjustment is pending as long as they continue to maintain the terms on their visas. These visas are dual intent.

Well I called USCIS and they said that L2 can travel but not L1. Dosen't make sense to me since L1 is an intercompany transfer and it is possible and reasonable to assume that an L1 may have to travel out of the country for work but the woman I talked to said that he can't travel without advanced parole. We have our interview in Dec. so might as well wait now but they sure do make it confusing!