If your employer has filed an L-1 visa extension using Form I-129 while you are physically present in the United States, traveling abroad before the extension is approved may cause your extension of stay to be denied. Understanding the distinction between L-1 classification and extension of stay is essential.
Extension of Stay and Abandonment Policy
When an employer files Form I-129 to extend an employee’s L-1 status, the petition includes a request to:
- Extend the employee’s L-1 classification
- Extend the employee’s period of stay (I-94) inside the United States
According to U.S. Citizenship and Immigration Services (USCIS), if you leave the United States before USCIS adjudicates the extension of stay, that portion of the request is considered abandoned.
“A request to extend status will be denied if the applicant has departed the United States before the request is adjudicated.”
— USCIS Policy Manual, Volume 2, Part M, Chapter 4
Can You Travel While the L-1 Extension Is Pending?
If You Are Requesting an Extension of Stay:
- No, you should not travel internationally.
- Departing the United States will result in the automatic denial of the extension of stay, although USCIS may still approve the L-1 petition itself.
- After denial of the extension of stay, you must apply for a new L-1 visa (if expired) and re-enter the United States to resume work.
If You Are Not Requesting an Extension of Stay (e.g., Consular Processing):
Yes, you may travel internationally if:
- You maintain a valid L-1 visa stamp in your passport
- You have a new Form I-797 Approval Notice showing your extended L-1 classification
In this case, you can re-enter the United States and receive a new I-94 at the port of entry.
What Happens If You Leave the United States?
| Situation | USCIS Outcome | Re-Entry Requirements |
| You leave while an extension of stay is pending | Extension of stay is denied as abandoned | Apply for a new visa (if needed) and re-enter with I-797 approval |
| You leave after the extension is approved | No problem, if you have a valid visa | Bring your new I-797 and valid visa for entry |
| You leave and request consular processing instead of extension of stay | No abandonment | Attend visa interview abroad |
Important: If your L-1 visa has expired, you must apply for a new visa at a U.S. consulate before returning, even if your petition has been approved.
Best Practices
- Remain in the United States while an extension of stay is pending to avoid denial due to abandonment
- If you must travel:
- Confirm whether your employer filed for extension of stay or consular notification
- Verify that your L-1 visa stamp is still valid
- Carry your most recent Form I-797 Approval Notice when re-entering
- If your visa has expired, consult your immigration counsel before departing
Conclusion
Travel during the L-1 extension process is not automatically prohibited, but it carries serious consequences if not carefully managed. Employers and employees should coordinate closely to determine whether the petition includes a request for extension of stay and to avoid international travel until approval is granted.