H1B PP extension with RFE. I797 valid till Oct2016. Visa stamp expired Sep2015. Can i travel to India?

Hi, my H1B Extension has been applied on 8July2016. Got an RFE on 21July2016. My I797 is valid till 30Oct2016. My visa H1 stamp expired on 30Sep2016. Need to travel to India from 18Aug16 to 06Sep16. Can I travel to India? Can i return back to the US? will it affect my H1 extension process?

Extension consists of 2 parts - 797 and I-94. The former will continue to be processed while the latter will be abandoned once you leave US.

When you enter US, either of the following would happen:

  1. If extension petition is already approved (797 only), you can show that at PoE to get new I-94 for extended duration.

  2. If extension petition is still pending, you will receive I-94 valid until Oct 30th. You would have to apply for I-94 extension soon after 797 gets approved but before Oct 30. If not, you will have to leave US.