Travel to my home country on J1 visa while my H1B is pending

[atul77]

I am currently on J1 visa which will expire on 30th September 2012. My current employer filed my H1B application on 17th April 2012, under normal processing and my H1B case is cap exempt. Till today date my application is under initial review on USCIS sites. The effective date of my new H1B will be 1st Oct 2012. My wife is on J2 and she has work authorization which is valid till 30th September 2012. Her current employer also filled her H1B and she already got her new H1B with I-94 which will be effective from Oct 1st 2012. I wanted to know if I have valid J1 visa stamping and pending H1B status, is it ok to travel abroad and does it pose any problems while reentering US? I have already booked the tickets for myself, my wife and our two kids, to India for July 25th, 2012 to August 15th 2012. Please let me know if it is advisable for both of us to go to our home country during this time and come back on J1 /J2 as we are not planning on applying for the H1-B visa stamp during this trip.

[shervin143]

It is not advisable to travel when the COS to H1B is pending. COS might get denied and the H1B might get approved for consular process. If you had to travel, it is advisable that both you and your wife enter U.S after the H1B petitions gets approved on a valid H1B visa (on or after Oct 1st)