H1B extension from India

[student_issue]

Hello Everyone,

I am on H1B since Oct 2010, changed employers and now have my latest I797 and H1b visa stamp till Dec-2016 from employer X and also have approved I140 on Aug 2014 with priority date of July 2013.

I am working remotely starting July 2016 from India for the same employer (and same client project) and with my salary paid as per LCA.

1. Can my employer file for H1B extension me being in India. (not sure if I ran out of 6 years; but I have approved I140 as mentioned)
2. If not, can I travel to USA with my h1b visa validity less than 3 months (expires on 12/31/2016)

Can someone provide your feedback/suggestions.

Thanks for your time. 

 

[pontevecchio]

1. Yes if you want to come over in H1 status. You should ask your employer this question.

2. Yes, but unless he is going to file your extension what purpose will that serve.?