Perm Process Pending Visa expiring on 12th Dec 2020

[gaut90]

Hi All,

My H1-b visa's 6yrs term is expiring on 12th Dec 2020.My Perm Process was started on Jan 2020, After my LCA and PWD(Prevailing Wage Determination) was completed by August, My Perm Process was started and is now in pending status. If I dont receive an approval before my max out period i.e. 12th Dec 2020 , Do I need to go back to India wait for the status to be approved, apply for H1b extension and come back to usa after getting my stamping done ? 

 

Additionally Can I stay on H4 in USA and work remotely in the same company's offshore India team until status is approved, apply for H1b extension and then shift back from H4 to H1 ? 

 

Edited September 2, 2020 by gaut90

[gopalakrishnach]

Do I need to go back to India wait for the status to be approved, apply for H1b extension and come back to usa after getting my stamping done ?  -- If I140 is NOT approved you cannot get H1B beyond 6 years. In that case you need to go to India and wait for I140 approval. After that you need to apply for H1B extension and come back to USA with H1B visa stamped.