Travelling to india while waiting for H1 visa renewal

[ndgohel]

Hi, I have applied for renewal of my H1B visa after three years. H1B renewal papers were submitted to USCIS on 09/24/07 and my current H1B visa will expire on 01/09/2008. I am planning to visit india on 12/15/2007 and will be back with new visa stamped. I had asked my employer to send me the renewed petition at my india address while I am on vacation. I had also applied for EAD, Advance Parole and I485 in Aug 2007. As per my employer, he says that if I will travel to india then my new renewed petition whenever it comes, will be invalid. He advised that I must wait unitl I get my renewed petition and then only travel to india. In this situation, would it be safe to go on vacation to india? would there be any issues if my EAD, Advance Parole or finger printing letter would be delivered at my USA address when I am not in USA?

[orion]

Your employer is right. Its not recommended to leave US when H1 petition/renewal is pending. If you leave, its taken as abandoning the request to renew your H1.

[ndgohel]

Thanks for reply

Hi Orion,

Thank a lot for your response.

Thanks,
Nilesh