I think that this question has been raised by many customers. A couple of bugs has been opened for this: CSCee90576 and CSCee90262. CSCee90262 is a duplicate of CSCee90576. CSCee90576 is junked by the software development group. The comment from the DE (Development Engineer) is as follows:
"Reason for this action:This is the expected behavior of the client. The client does
a "fake" sleep so that the AP will save all packets for the STA when it is off channel doing a
background scan or a Radio Measurment background scan. This is an acceptable method of active
scanning when away from your channels according to the 802.11 specification."