Travelling out of US on H4 while H1B application is under process with USCIS

[dileep.kosaraju]

Currently I am residing in USA on H4 visa. I am applying for my H1b petition on April 1st 2013. I have to travel to India in the month of April 2013 and will return back in May 2013. Following are my questions regarding this.

1) Will there be any problem to my status if I travel out of US while my H1B application is under process with USCIS?

2) Given the situation, what option would be the best to be selected in i129 form when applying for H1b petition CONSULAR PROCESS or CHANGE OF STATUS PROCESS.

3) Are there any options that would be safe for me to travel to India and get my H1B petition approved as well.

I appreciate your time and will keep looking for your answer.

Thanks

[t75]

Approval of H1B is NEVER guaranteed, but your travel will not in itself affect the approval or rejection. If you do not have a new I-94 for Oct1 start date in your hand before you leave, you will need stamping or COS filed after you return.

Inform your prospective employer of your plans. His attorney will complete the paperwork in the most advantageous manner. For example, he may choose PP to have decision before you leave.