H1B approved but never worked, what is my status

[fczhao]

Hi, nice people. I am stuck with my H1B visa, I got approved Oct.8th, 2009, but the school hired me laid me off before I start to work. I was H4 before. I assumed I automatically change back to H4 after laid off and just recently I called USCIS and was told that my current status is H1B. I am about to apply status change back to H4. Will the period between Oct.8 till now be a problem? Am I out of status now?
Your advice is highly appreciated!!

[shervin143]

If your approval notice came with a new I-94 attached to it (It should have been a COS since USCIS is saying that your current status is H1B), then your status is H1B starting Oct 8th and you are currently out of status. COS to H4 is not possible when you are out of status. You need to go out of the country, get the visa stamped (If you don't have a valid H4 visa) and re-enter in H4 to get back to the H4 status.