Travel to India while H1B extension with amendment is pending

[dunedain]

My current H1B visa expires on June 25,2018 and my employer has already filed an extension application under regular processing 2 weeks back(already got the receipt with case number). The application also includes an amendment since my job title changed along with the responsibilities and salary. The employer, work location remain the same.

Due to a family emergency, i need to travel to India at the end of May and am planning to return on June 10,2018 - 2 weeks before my visa expires. Therefore i will be exiting and re-entering on a valid H1B visa.

Since this is an amendment and extension application (not a normal extension), will it be considered abandoned if i travel to India ? Therefore when i return to the U.S , will i be considered out of status after June 25 even-though the H1B extension was filed before i travelled?

Please clarify if anyone has been in a similar situation.

[anakin316]

Since extension/amendment has been filed, traveling outside the US is not recommended since when you re-enter the US you will be issued a new i-94. So then when one day USCIS looks into your case, they will know that your current i-94 does not match the one that you sent them when extension was filed. They will send an RFE for sure which will delay your approval. Also, you will not be out of status until 240 days after your h1b status has expired.

Hope that makes sense. Good Luck.