Filing I-140 and the risk of travelling out of US

Will it be too RISKY to get a re-entry visa while your lawyer has already filed an immigration petition case on your behalf? I need to travel to China soon but with pending I-140 status, and will need to go to US consulate to get a H1 re-entry visa, will you consider it a higher risk since I have the immigration tendency? Does anybody have the same experience like I do?