Can I travel to US if my H1B Visa is active after filing for H1B exempt?


My Visa is Valid till 31st May 2016.Currently I am In india on Medical leave & will not be able to travel before 30 April & my employer is asking me to travel before 2 months of expiry in order to get Visa extended else file for Cap exempt one month before expiry.Can I travel before visa expiry with cap exempt filed Or do I need to wait for entire cap exempt process to be completed??My employer and work location would be same

You can enter US before visa/petition expiry and apply for H-1 extension (cap-exempt). This needs to be done soon after you enter US and before your petition expires. This is b/c you will be issued I-94 only until 797 expiration date which is May 31, 2016 in your case.

You can also continue to wait in India while the entire process is completed. Downside is that you will have to appear for visa stamping before entering US (you may be eligible for dropbox).