H4 stamping while on H1 (never worked)

[Munni666]

Hi , 

 

I got my H1B approved in july 2012 but i never worked due to some health issues.I have few queries regarding the status

 

1) Is it okay to stay for long on H1B status without working ?

 

or

 

2) Is it better to go out of the country and come back on H4 stamping? will i get the H4 visa without any queries ?

 

Please advise me regarding this 

 

Thanks in advance.

 

 

[omshiv]

You have been Out of Status all these while...talk to an Attorney.

[jairichi]

(1) If you have not worked at all from H1B start date you are out of status till date. If you I94 has expired your stay is illegal.

 

(2) If your spouse is on H1B you can ask for a COS to H4. But, being out of status for such a long time you face lots of risk.