This rule, effective November 1, 2007, removes the requirement that certain H and L non immigrants returning to the U.S. following a trip abroad must present a receipt notice for their adjustment of status applications to avoid having such applications deemed abandoned.  The purpose of this narrow change is to remove an unnecessary documentation requirement from the regulations that the DHS has determined cause an undue burden on H and L non immigrants. 

Effective November 1, 2007, individuals in valid H and L non immigrant status WILL NOT be required to present Form I-797 receipt notice for their adjustment applications upon reentry into the United States. 

Please note this final rule revises 8 CFR Sec. 245.2(a)(4)(ii)(C) to read as follows:

(C) The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding, and who is in lawful H-1 or L-1 status shall not be deemed abandonment of the application if, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 non immigrant, and, is in possession of a valid H or L visa (if required).  The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding who is in lawful H-4 or L-2 status shall not be deemed an abandonment of the application if the spouse or parent of such alien through whom the H-4 or L-2 status was obtained is maintaining H-1 or L-1 status and the alien remains otherwise eligible for H-4 or L-2 status, and, the alien is in possession of a valid H-4 or L-2 visa (if required).  The travel outside of the United States by an applicant for adjustment of status, who is not under exclusion, deportation, or removal proceeding and who is in lawful K-3 or K-4 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien is in possession of a valid K-3 or K-4 visa and remains eligible for K-3 or K-4 status.