Travel back to home country after H1B max-out. Can I travel back after H1B extension approval (after I-140 approval).

One option that you can consider is making an application to H-4 to cover any possible time that you may be out of status. Although your current max out date is May 4, 2017, the new high skilled worker regulations effective 1/17/17 confirm that the 10 day grace period following the max out date can be used to keep you in legal status for purposes of extension of status or change of status or other permissible non-employment activities such as vacationing prior to departure. Hopefully your I-140 petition will be approved in time with the 10 extra days. If you do decide to travel back to the home country, you are able to return to the US as long as you obtain an H-1B visa from the American consulate or embassy. I do not see that going back to your home country at an earlier date than the maximum period of time that you are allowed would increase your chances of obtaining a visa. 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.