H1B-MTR status

[MM_3]

My wife H1-B extension was applied by her employer last year but it was approved as new H1-B (I797B, without I94), later her employer immigration lawyer figured out that USCIS made an error on her file and granted new H1-B instead of extension due to missing pay stubs for few weeks as she was on Maternity leave for that period (she returned to worker after Maternity leave as her employment was still in-place), As per law an H1B visa holder can go on Maternity leave like regular U.S workers and she can legally live in U.S without payroll running for that time period, Her employer applied for MTR (I297-B) with USCIS to re-check the file and correct the error USCIS made in making decision. This MTR was opened 10months back and still no decision has been made, Now the latest development is her employment is coming to end with MTR decision pending. As per her lawyer she neither can transfer her H1-B to another employer nor convert to dependent visa (H4) until MTR decision is made and MTR decision by USCIS have to happen within 60days of last day of her employment, if not she has to leave the country. Her immigration status is in limbo state now, Did anyone encounter this issue? if yes , can you please let know how you have overcome this issue?

 

Appreciate your help.