Proof of FMLA while on H1-B and filing for GC


I’ve been working on (my employer sponsored) H1-B at a end client location via a prime vendor. A couple of weeks ago I utilized my earned vacation and continued on unpaid leave of absence using the FMLA option. Now I’m ready to join back work, however things between prime vendor and my employer have changed. So while the prime vendor is retaining existing folks it is not on boarding any new people associated with my employer. That has put me in a very precarious position because:

  1. The end client team where I worked before leave wants me back, but prime vendor is unable to take me in due to their fall out with my employer

  2. I have relocation constraints and cant move to any other place even if my employer circulated my CV for some other job. I’m on H1 B and am pretty much towards the end of my FMLA period.

  3. Meanwhile my spouse’s employer(same as my prime vendor B) has initiated our GC process and I-485( along with I-765 and I-131) was filed 2 weeks ago.

So what options does this leave me with in terms of legal status without jeopardizing my GC application?

I was hoping to maintain my h1-b status by joining back work until the I-485 was in processing, but that looks to be very difficult.

Since I went on an employer approved FMLA am assuming my H1-B status was/is valid during my leave period. I had submitted doctor signed FMLA forms to my employer. But if it comes to that how can I prove my employer approved it.

I’m concerned since my FMLA runs out in a few days and as per USCIS clause I might be deemed out of status if my employer decides to terminate my employment indicating a prior date. Since I was on FMLA, no paystubs have been generated for me for the past few weeks.

The prime vendor is hoping my EAD will come in another 6 weeks time (have the biometrics appmt in 2 weeks) and are telling me they’ll absorb me after the EAD is issued.

Is it possible/worth trying to file COS to L2(my spouse’s dependent) or a H1-B transfer to prime vendor? Can my employer cause a problem by not proving me sufficient documentation to prove I have been on valid H1-B status and FMLA? After all they dont have any obligation to the prime vendor who isnt hiring people from them.

Any thoughts and suggestions will be appreciated.