Travel during I-130 Pending

[mainhoonnaa]

Hi,

I am in US for sometime now came to US on L1 then moved to H1-B. since I got my H1 I did not go to India so I don't have H1 Stamping. Now that I am married to a US Citizen who got US Citizenship through naturalization last year and I am planning to apply for I-130 petition now.

I have an emergency that have come up and have to travel to India. While my I-130 petition is pending approval and no H1 stamping is it safe and advisable to travel to India? Can someone please share some thoughts and advice what is a better way out? should I wait or make a trip to India. Thanks in Advance

[inadmissible]

If you have a family emergency, you have to go.

Make an appointment at the consulate to get your H-1B passport vignette (the visa sticker). Bring your petition approval notice (Form I-797) with you.

Make all these arrangements in advance of your trip, so you have some certainty.

[ddifferentindian]

You should have filed an EAD and AP and even a 485 concurrent with you I-130. In that case if your H1B was rejected during stamping you could come back and re-enter using the AP. The EAD and AP in Dallas took about 60 days from the date of filing the I-130