Travel to India from USA on OPT but when H1B visa is in pending status

[abc_pqr]

I am in USA and currently on my OPT status. My employer has field for my H1B visa but it is not yet approved. I would be on H1B status from October 1st, 2012.

1] I am thinking of going to, India in July 2012 and come back by July-end or 1st week
of August 2012.
I would be on OPT in July 2012 and August 2012 but i have applied for H1B visa
which is currently in 'Initial Review' status.

How safe is it to go to India and re-enter USA when my H1B is in pending status?
And what if, if my H1B is approved in that period(when i am India)

Is there any sort of risk at the port of entry?

2] Which is more safer, going to India and coming back to USA when i am on OPT and
H1B visa is filed or when i get the H1B approval notice and then go to India and get
the H1B visa stamped.

3] How safe it is go to India and come back to USA when i would be on H1B status or
when i get approval notice of the H1B visa?

[shervin143]

I am in USA and currently on my OPT status. My employer has field for my H1B visa but it is not yet approved. I would be on H1B status from October 1st, 2012.

1] I am thinking of going to, India in July 2012 and come back by July-end or 1st week
of August 2012.
I would be on OPT in July 2012 and August 2012 but i have applied for H1B visa
which is currently in 'Initial Review' status.

How safe is it to go to India and re-enter USA when my H1B is in pending status?
And what if, if my H1B is approved in that period(when i am India)

Is there any sort of risk at the port of entry?

>>> It is a very commonly asked question is the answer is NOT advisable. First of all you are not suppose to leave the country when the COS is pending. The COS might get denied and the H1B might get approved for consular process or even declined sometimes. If it gets approved, then you will end up having multiple I-94s and you will never know if your COS really happend as of Oct 1st since your violated the COS by leaving before it got effective and returned back in OPT. It will create all kind of status confusion if you leave and return back in OPT at this stage. If you should leave, then plan to return back after Oct 1st in H1B visa.

2] Which is more safer, going to India and coming back to USA when i am on OPT and
H1B visa is filed or when i get the H1B approval notice and then go to India and get
the H1B visa stamped.
>>> Get the H1B approval, then leave the country. Get the H1B visa stamped and return back when petition becomes effective. You are allowed to enter U.S 10 days prior to the H1B effective date. You cannot work until the H1B petition becomes effective.

3] How safe it is go to India and come back to USA when i would be on H1B status or when i get approval notice of the H1B visa?
>>> Read the above answers.