Should I travel out of US while my H-1B filing is in progress?

[sush2043]

Currently I am on an H-4 and will be filing H-1B in April 1st 2015 through a sponsoring company. I have to go to India from 29th March till 30th April, which is after my H-1B application.
In above scenario which of the below options do you suggest:

- Change of Status (COS)
- Consular Processing

If COS, then is it mandatory to file along with H-1 petition or it can be done once H-1 is approved ?
If COS is filed with H-1B petition and I travel to India while H1-B petition is in progress ,is there a chance of H1-B rejection?
Will application with Consular processing delay my H-1B approval process?

Please advise.
Thanks

[raghvi]

Currently I am on an H-4 and will be filing H-1B in April 1st 2015 through a sponsoring company. I have to go to India from 29th March till 30th April, which is after my H-1B application.
In above scenario which of the below options do you suggest:

- Change of Status (COS)
- Consular Processing

If COS, then is it mandatory to file along with H-1 petition or it can be done once H-1 is approved ?
If COS is filed with H-1B petition and I travel to India while H1-B petition is in progress ,is there a chance of H1-B rejection?
Will application with Consular processing delay my H-1B approval process?

Please advise.
Thanks

If you can void travel I would say avoid. If you can delay, delay it till H1 petition approval has come, you can fasten the H1 petition approval by filing H1 as premium, but still you are looking at May-June time frame.
But if it is absolutely a must to travel on the dates you mentioned then better file H1 as Consular process. And once back in US on H4 visa, apply H4 to H1 Change OF Status.

This is my opinion not legal advice.

[sush2043]

@raghvi
When are the H1 lottery results out generally? If it is must to travel ,can I travel before lottery results are out or do I have to stay in the US till my petition is picked?
Do I need to file Advance Parole?Is it applicable to H4 visa holders?

[raghvi]

@raghvi
When are the H1 lottery results out generally? If it is must to travel ,can I travel before lottery results are out or do I have to stay in the US till my petition is picked?
Do I need to file Advance Parole?Is it applicable to H4 visa holders?

Though there is a high likelihood but no one can for sure currently say that there would be a lottery. I just gave a guesstimate of May-June time period for receiving approved petition in hand if applied in premium and if there is a lottery.
As I said, if travel if unavoidable, then ask employer to file H1 as Consular process and once back in US on H4 apply for COS to H1 after petition is approved. All this would entail additional cost and anxiety for the employer so be prepared to handle that too.

This is my opinion not legal advice.

[sush2043]

Though there is a high likelihood but no one can for sure currently say that there would be a lottery. I just gave a guesstimate of May-June time period for receiving approved petition in hand if applied in premium and if there is a lottery.
As I said, if travel if unavoidable, then ask employer to file H1 as Consular process and once back in US on H4 apply for COS to H1 after petition is approved. All this would entail additional cost and anxiety for the employer so be prepared to handle that too.

This is my opinion not legal advice.

I spoke to my Employer and they agreed to file as Consular processing.
Now I have one question: I will be leaving US on 29th March 2015 which is before H1 B petition is filed.I have the US visa(H4) with Port of entry(POE) date (3rd Oct 2014)stamped on it. Since my employer would be applying for a fresh H1-B petition (Consular Processing) I believe we would need this Visa page to have US exit date, stamped as well. Please guide me if the H4 visa page(with my exit date as 29th Mar 2015) or I-94 has to be submitted for Consular processing?

Thanks