Wait for 90 days to file I-140?

I just got back from India. I am on H1B and my lawyer told me I don't need to wait for 90 days to file I-140. Is this safe or no?
PS. I am almost ready to file the case and don't want to wait for too long.

to veronica.alexander180:

It's safe! I was on H1B when I filed my I-140 and I traveled before and after my filing. It was no problem.

to Joyce:

Yes H1B doesn't matter. Nonimmigrant visas like F1 or J1 should wait at least 90 days