H1B extension still processing but need to travel to India urgently

[rolipoli85]

Given below is my case and would like your advise on the same.

My visa and I-94 have expired on September 30, 2012.
I have to travel to India latest by January 5, 2013.

Considering that if i will not get my extension by Jan 5, can I travel to India and wait for the approval on the extension when in India?
Once I get the approval, someone from US can FEDEX the approved petition to me and I can get my stamping done and come back. Is this possible?

If not, would someone be able to suggest any other alternative solution

Note: I have upgraded to premium but it has gone in RFE. The docs requested as evidence will be made available to me only in mid-jan by my client.

[raghvi]

Given below is my case and would like your advise on the same.

My visa and I-94 have expired on September 30, 2012.
I have to travel to India latest by January 5, 2013.

Considering that if i will not get my extension by Jan 5, can I travel to India and wait for the approval on the extension when in India?
Once I get the approval, someone from US can FEDEX the approved petition to me and I can get my stamping done and come back. Is this possible?

If not, would someone be able to suggest any other alternative solution

Note: I have upgraded to premium but it has gone in RFE. The docs requested as evidence will be made available to me only in mid-jan by my client.

Once you leave US while your H1 extension is pending yoru request for extension is considered irrelevant as technically you dont need any extension since you are outside US. As long as you get new H1 stamped and return on that it should be fine.

This is my opinion not legal advice.