L2 (working) to H4 (can’t work) to H1 (no job) – illegal status?

[h1helpneedy]

I was working in L2. I left my job when I change status from L2 to H4. Got new H1B approved valid as of Oct 1st.

Now as of Nov 30th, I don't have a job.

Question: Will I lose my H1B – as I don’t have a job in 60 days of valid H1? Should I change my status back to H4 else will I be in illegal status?
Please help.

[raghvi]

I was working in L2. I left my job when I change status from L2 to H4. Got new H1B approved valid as of Oct 1st.

Now as of Nov 30th, I don't have a job.

Question: Will I lose my H1B – as I don’t have a job in 60 days of valid H1? Should I change my status back to H4 else will I be in illegal status?
Please help.

What do you mean you dont have a job? Doesnt your H1 petitioner have enough work for you as they are the ones who petitioned USCIS in the first place stating that they have enough work for you for the next few Years?.

Technically you are already out of status from the date of H1 approval i.e. 01-Oct-2012, you should be working for the H1 employer and should be getting paid. In most likelihood if you apply for a COS to H4 it wont be approved as you are currently out of status. They will most likely ask you for proof of you having maintained valid H1 status from 01-Oct-2012 till the H4 application date, which you will not be able to provide. If you dont see any work coming by soon, you should switch to H4 to avoid more out of status. If COS to H4 is refused then advisable to leave US and return on H4.

This is my opinion not legal advice.

[kabkaba]

In H1 status you always have a job and you must be working from Oct 1 (Effective date of H1 status). Whether your employer has a project for you or not does not matter. They need to pay you. There is no such 60 day limit, you go out of status from day 1.