You are always free to leave the U.S. If you do, any application for change of status is deemed abandoned and you will need a new visa to return.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
Great advice by Mr. Berman.
The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.
not entirely sure what your refer to as "petition" (application?). Change of status, adjustment of status, or extension of status from Employer. You may consider looking into advance parole application for emergency travel depending on your circumstances. Spend a few hundred on good advice from immigration attorney or stay put while your "petition" is adjudicated.
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To truly answer this question, we need to know what kind of "petition" you filed. As a general (and very important) rule, you should NEVER, EVER leave the U.S. while a petition is pending without talking with an immigration attorney first, as doing so could cause your petition to be abandoned, and could have very negative future consequences on your ability to re-enter. However, depending on the situation, you may be able to qualify for advanced parole, which is special permission from the U.S. government to leave and come back in while the petition is pending. Again, this should be approached very carefully, and preferably with the help of an attorney.
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