Need help with my current situation. My current H1B is expiring in Feb 2018 (I will exhaust all but 1 month of my 6 years of US stay, as I went to India earlier this year for a month).
I work for an Indian company and my company has started processing for my GC and its expected that my PERM/labor will be filed on Feb 2018 as well.
Now I see 2 options -
1) I can stay till end of my current visa and go back to India and join office there and once my I-140 is approved, my company can apply for out of CAP H1B extension from India itself. This considering that I still have 1 month of stay left in my current H1B when I return to India on Feb 2018, so my company won't have to file for a new H1B instead an out of CAP will be fine.
2) My spouse also works in the US on H1B, I am planning to apply for H4 on spouse's H1B and stay in the US on H4 till my I-140 is approved and then also my company can file an H1B extension (considering I would have 1 month of US stay left in my H1b).
In this case when should I apply for H4 to maintain legal status in the US and to be able to utilize all my H1B duration till Feb.
Which is the best option of the 2 above or there is a third option, so that I do not have to leave the US, so I can stay with my family ?
Also do you see any issues or complications with Option#2 above or what is the best way to achieve it ?