Family situation, can I travel on cap-gap?


My employer filled for my H1-B on April 2nd, I received and RFE on may 16th and my employer told me they expected to reply to the RFE beginning of August and that I would have an answer some time in October.

My OPT just expired (July 17th) and am currently on cap-gap. I wasn’t planning to travel but one of my relative is in a really bad health situation and I’m afraid I will have to go home.

Can I go home on Cap-gap when my H1B hasn’t been approved? Could I go once it gets approved? Does USCIS have any exceptions for death in the family? What are my options?

Thank you