Can I be on US payroll while awaiting H1B extension outside US ?

[hznut]

Me and my family are stuck in India and unable to return to US due to the ongoing Corona Virus situation. We have an infant and hence can't risk travel until situation becomes normal. Hence flying for next 2-3 months is ruled out. Our kids are US citizens by birth.
My H1B visa and wife's H4 visa stamp in passport (and current I-797) are valid till 29th May 2020.
My immigration department of my employer says that they'll need to give me a temporary India offer while I wait for H1B extension's approval AND get a new visa stamp from US embassy in India. Premium processing has been suspended as of now.

Questions:
* Is there any clause under which I can still be on US payroll ?
* Why is the employer talking about India salary ? Is it due to taxation rules (IRS) OR due to immigration (USCIS) rules ?
* Will going to off of US payroll and to Indian salary for few months adversely affect H1b extension OR GC processing ?
* Would you advise me emailing USCIS/CBP about this citing exceptional worldwide situation and asking for permission to enter US while H1B extension is going on ?
* My employer also mentioned that they'll ask for 'Consular Notification'. What does that mean ?

[rkk09]

Hi,
Please see my response below.
* Is there any clause under which I can still be on US payroll ?
Answer: Really this is debatable point. But, as per my knowledge, you can get paid on US payroll as long as you have H1B status. If your Ext is in process and filed ext before current status or I-94 expires then you may consider getting salary on US payroll.
* Why is the employer talking about India salary ? Is it due to taxation rules (IRS) OR due to immigration (USCIS) rules ?
Answer: If you can employee under Indian payroll will not make any issues too. may be your employer thinking about taxation purpose.
* Will going to off of US payroll and to Indian salary for few months adversely affect H1b extension OR GC processing ?
Answer: No. Surely not. Don't worry about this. Many people are in the same situation and they don't have any issues at the time of filing H1B or GC petitions.
* Would you advise me emailing USCIS/CBP about this citing exceptional worldwide situation and asking for permission to enter US while H1B extension is going on ?
Answer: If you dont have visa then it is absolutely not going to help to send an email to them. But, Since you have USC kid, you can travel with NIE approval once you get H1B Ext approval and stamping.
* My employer also mentioned that they'll ask for 'Consular Notification'. What does that mean ?
Answer: Yes. When you are in abroad and your petition is under process at the time, H1B petition will be approved under consular processing which means you will need to get visa stamping in order to travel and have I-94 validity.
Thanks