H1B Visa_Change of status_Short term Disability

[smsb0709]

Hi, 

Can some one help me with answers.

I am on H1B Visa status,  I-140 approved and working full time/permanent for X company of size about 900 employees in 3 locations. I am currently on Short term disability (STD) and my claims were in processing for STD/FMLA/Maternity Leave from last 3 weeks (approx). About a week before I got a call from HR saying my position was eliminated as company financially not doing well and they are eliminating the position for cost reduction. There are 40 positions eliminated in 3 different sites. This was the second round of layoff this year and about 40 positions were eliminated in the 2nd quart of the year. 

Because of my pregnancy complications my doctor advised rest and limited activity. So, I went on STD when I am around 29 weeks pregnant and I am 32 weeks right now. In this situation I cant go find another job or even if I struggle, I don't think any employer will hire me. Looking in to this I can expect I can start looking for a job in and around January 2018 only. But, my termination date was given as October 1st, considering the 60 day  grace period I would be in status only till December 1st. 

1. Firstly, can an employee be laid off in Short term disability/FMLA with 12 weeks job protection? Can I negotiate on extending the  termination date by additional 8-12 weeks which helps in being in status and look for an another job in January. or negotiate on medical benefits and severance pay?

2. As, I see that I have no choice other than changing my status to H4 (going on dependent on my husband). if my employer does not extend the termination date.  Looking in to the current processing times I see it is taking more than 8 months for  visa conversion. My questions are, Once I made an application for H4 visa and while it is in processing, if I find a job who is willing to file H-1 to me, can I process the H1 application while H4 application is pending. 

3. If not,  because of lengthy processing times, while H4 application is in processing,  can I go to India and get H4 visa stamped,  then convert H4 to H1.

4. And I haven't  visited India for almost 5 years and I never got my H1 visa stamped after my renewal (2nd term of 3 years). how does this will impact, or what things I have to consider in this situation.

5. Say while I am on H-1 status only, if I find a job and the employer is ready to file h-1 with later start date . Can I transfer my h-1 in regular and wait until h-1 is approved (takes about 4 months) and then start the job. Will I still be considered that I am in valid visa status with h-1 receipt. 

Any suggestions or answers are valuable at this time. 

 

Thanks

SMsb