Can I recapture time on H1B that was spent in USA on pending B1/B2 visa during Covid-19?

[Rishikesh]

During the pandemic last year 2020, I lost my job on H1B visa and couldn't find an employer within a 60 day grace period. So my attorney advised me to apply for a Change of Status (COS) to B1/B2 to maintain status. This was in April 2020 when all international travel was banned due to Covid-19.
My attorney mentioned to me that I would be easily able to capture this time on H1B as I have filed for COS.

I received the notice of application for COS and later received Finger Print Notice as well.
But during this time, I had to leave USA due to family member sick in India. (I didn't appear for Finger Print) So as per the rule, COS to B1/B2 should be abandoned. But it is still pending as of today (applied April 2, 2020)

Now I have received a new job offer and the new employer filed my H1B visa successfully, but they couldn't capture the time(7 months) for H1B that I spent in the US waiting on pending B1/B2 COS case.

Can I recapture this period for H1B?
Is there a RULE/LAW which disregards my COS application? OR is this a mistake from the filing employer?

[Zodiac System]

You have an expert attorney guiding you.  If your current employer can start your PERM/I140 process immediately, you will not have to worry about H1b extensions in future.  

[LeaveMessageH1B]

On 5/23/2021 at 12:34 AM, Rishikesh said:

Can I recapture this period for H1B?

No, you can not have it both ways.

[JoeF]

If you weren't working while the COS was pending you weren't on H1, you were on "pending COS".

[Rishikesh]

@Zodiac System I have very limited time left on H1B, and might be a very tight situation before PERM gets approved. I spent 7 months on pending COS, so if I am able to capture this time, it will give me sufficient time to comfortably get thru the I-140 process.

@JoeF I wasn't working while the COS was pending. I had to leave the USA before the COS was approved or rejected due to family reasons.