Situation: I am in my OPT right now which is valid till May 2010. My employer filed for my H1 but has put the H1 effective date as 02/01/2010. There is an emergency situation in my family and therefore I am leaving for India on 12/28/09 and returning on 01/14/2010.

Questions:

1. Is it safe for me to travel?

The company lawyer says that since my H1 effective date is Feb 1, I will leave and return to the US on an F1 OPT Status and therefore it is safe for me travel. Is he right? Please help with a definite yes or no as I have got grey answers from everyone I have spoken to.

2. If the previous answer is yes, What documents should I carry to ensure that I return with no immigration hassles?