H4 with possibe previous out of status issue..

[concerned_h4]

Hello Members,

I badly need some suggestions on my issue..

I entered US on H4 visa that was valid until Sep 2009.

Approved COS to H1 from Sep 2008 to 09/2011

However did not work on account of valid health issues (underwent a surgery and got pregnant later, have all the valid documentation). Informed employer of extended leave of absence that I am not available for work and volunteered to not receieve any payment. So did not receive pasy stubs or W2.

All this while, my husband was on valid H1 status.

We left USA in August 2010 and did not return, however we will be going back soon and I will need to apply for H4 visa.

I learnt from the forums that this could be a issue..as I could be considered out of status during the time I was not paid in the USA.

As per the DOL regulations outlined in 20 CFR655.731 (this may not be an issue..)

(ii) Circumstances where wages need not be paid. If an H-1B nonimmigrant experiences a period of nonproductive status due to conditions unrelated to employment which take the nonimmigrant away from his/her duties at his/her voluntary request and convenience (e.g., touring the U.S., caring for ill relative) or render the nonimmigrant unable to work (e.g., maternity leave, automobile accident which temporarily incapacitates the nonimmigrant), then the employer shall not be obligated to pay the required wage rate during that period, provided that such period is not subject to payment under the employer's benefit plan or other statutes such as the Family and Medical Leave Act (29 U.S.C. 2601 et seq.) or the Americans with Disabilities Act (42 U.S.C. 12101 et seq.).

My questions are;

1) Would my stay out of USA for more than 2 years erase this out of status issue.

2) Will I have any issue for H4 stamping, more importantly my husband's H1?

3) On DS 160, Do I need to mention this?

Please suggest...very concerned of this situation...