H1B maxout reached - choose COS or out of country

[cuty]

My H1B maxout ris in 3 weeks & PERM is filed 4 months back but pending for approval.  My employer is providing me an option to convert to H4 and switch to H1 when I140 is appoved. Another option is to work from India until I140 is approved.

1. Convert to H4 after H1B maxout or before? 

2. Is working from India a good option? Is there is any risk?

[pontevecchio]

1. You have to file a COS when the original status is still valid.

2. Go for it. Make sure you get a tax guy who can file appropriately.