What happens to my pending I-485 if I go to Korea and obtain a different visa while it’s pending?
While my I-485 was pending, I went to Korea and obtained a different visa. What happens to the I-485 I filed?
The other visa seems valid, but I’m not sure whether I need to re-file my I-485.
Even if an I-485 applicant obtained Advance Parole, if they leave the U.S. and then re-enter using an E-2 or L-1 visa, the I-485 application is considered automatically abandoned. The moment you use a nonimmigrant visa, it’s treated as showing you no longer have immigrant intent. So for holders of nonimmigrant visas — for example, E-2, F-1, or L-1 — if their nonimmigrant visa remains valid, and they’ve filed I-485, it may be wiser not to use Advance Parole or the work permit as a backup in case I-485 is denied, since if I-485 is denied, you could still maintain your existing nonimmigrant status or switch to another status. Adjustment of status within the U.S. typically takes about 6 months — please keep this in mind.