Travelling to India (and back) when H1B is in approved state

[sksbs]

Hi, Need urgent help. I am currently on H4 with my H1B petition in Initial Review state (applied in FY 2014 Quota). I need to visit India for 3 weeks around Oct 1st week for medical reasons of a close relative. Could anyone please advise of the repercussions involved with my H1B petition?

 

If my H1B petition is approved and if I am travelling back to US after Oct 1st, am I mandated to go for H1B visa stamping before travelling back to US? Can I travel back on H4 without getting H1B stamping?

 

Thanks a lot in advance. Your answer will really help a lot!

[jairichi]

You need to get a H1B stamped to enter US in October. If you enter US on a H4 visa then your employer has to file a COS petition from H4 to H1B and pay the required H1B processing fee. I doubt whether your employer will be willing to do so. What does your employer's  attorney say?