I have a question on change of status: F2 to H1B.
My H1B expired after six years on March 7, 2019. As advised by attorneys, I left USA on Feb 2, 2019 and went back to India to continue work for the same employer, India chapter. Thus I have managed to save about 36 days on the H1B. Then, PERM was approved on Sept 2019 and I-140 was approved on Nov 2019. I came back to USA on F2 visa by March 2020. Now, employer has started process of H1B extension, cap exempt. I wanted to have H1B extension through change of status; F2 to H1B. Legal team says that is not possible, and I have to go back to India for consular processing. US Consulates are already closed in India, and given the current status with COVD-19, I'm not sure when I would be coming back.
Is there any legal way out possible to avoid stamping in India? If yes, please provide some official link/webpages for me to contest.
Thank you in advance.