H1 recap time, 797 expiring soon

[neeta.nine]

I'm on h1 b since jan 2006 and my current 797 is valid till aug 1st, 2013. The company I was working for gave me an extended maternity leave for last 1 yr and saying they don't have any work for me. But they are still holding my h1 and that 797 is valid till aug 1st, 2013. I was out of country for around 2.2 years till since 2006 and need to apply for recapture time.

1. Can I ask my current employer to applying for recapture time and get the new 797 with out working? (Staying on leave)

2. I didn't start my GC process. Is that a must for h1 recapture time? My husband has an approved 140 and waiting for the date to be current. His GC date is July 2010.

3. If I change my status to h4 after aug 1st, can I come back to h1 recapture time or do I need to wait till next April to apply for new h1 and wait till Oct 2014 to start work.

4. It would take me another 6-7 months to look for a project and start working but should I still keep my h1 and get the recap time and maintain status. That way I don't have to wait till 2014 October to start work.

Pleas answer my questions as I don't have much time left on my 797 and need to decide the next step.

Thanks!

[t75]

"Extended maternity leave" just so you do not have to be paid when there is no work for which you are qualified is NOT acceptable practice. You should have been back at work 6 to 8 weeks post a normal delivery .  Your assertion that you need another 6-7 months to begin working is fine if you go back home but not in the US where your are expected to abide by US norms.  Get yourself into your employers office and demand that US regulations be followed; they need to pay you whether or not they have work for you. Find a legitmate employer who follows the rules. If they do not, either go home to work or COS to H4 and be a stay-at-home mom like you have been doing contrary to the rules of the visa on which you are staying in the US.

 

You need to consult an attorney to explain your options.