Currently on H4 visa and applied for H1b visa and traveling to India

Since you currently have an H-4 visa and are returning on May 7, you should not have a risk in returning to the States even if you are applying for an H-1B visa. Your 2nd question appears to deal with the later situation of your obtaining approval of the H-1B petition and how to avoid risk if you travel outside the U. S. When you have an approved H-1B petition, you would have to interview at a U. S. consulate or embassy in order to return with the proper visa. You should have a copy of the entire file, a letter from the employer confirming your job situation, copies of pay slips and tax returns, and any available information to prove the viability of the employer.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.