On October 31, 2007, the Department of Homeland Security (DHS) issued a final rule that removed the requirement that a person who has an I-485 adjustment of status application pending and travels using H or L status have an I-797 receipt notice for the I-485 adjustment application before leaving the United States. Under the old rule, the person must have an I-797 receipt notice for the adjustment application before travel to avoid having such application deemed abandoned. This new rule is a result of excessive delays by the Immigration Service in issuing I-485 receipt notices. The final rule is effective November 1, 2007. For more information on this final rule, please do not hesitate to contact our office.
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