6 years of H1B ending, Spouses priority data may get current, options to stay or leave country?


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My 6 years of H1B is ending September 30, 2011. My employer with new lawyers has filed my PERM on May 31, 2011 (PERM filed a couple of years got audit and subsequently after 2 years got denied due to filing error by different lawyers). If the new PERM filed on May 31 is approved in a week or two, my employer will premium process I140 and hopefully it will give enough time for H1B extension. However, I feel this will not happen, so I'm wondering what would be the best option given the following

1. My wife's EB2-India priority date is July 31, 2007. Hoping the september bulletin will bring some good news. If my H1B extension does not happen should I change to H4? Can I change to H4 living in the US or should I leave the country?

2. My employer is ok having me work for a few months from India after Sept 30. Will that be legal to work for my employer from India? If I do this, will this impact my greencard thro' my wife if I'm outside the country?

Any advice? Thank you!!!

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