H1B out of status in the past ->now working->converting to F1 or H4

[checkmystatus]

Hi members - I have a very important immigration situation.
I have my I797 wit I94 approved from oct'12 to sept'15. However, I didnt work from Oct-12 till August 13.
I have been working since Sept'13 and plan to work till Sept'15 (if possible).

I have a question that if anytime I want now to change to H4 or F1 status - would me being out of status for 11 months in the past cause any RFE /denial during my COS request in near future ? Also, would I need to go to my home country for my visa status change?(H1B- H4 or H1B - F1)

Any other pointers you can suggest me so that I can resume a genuine status?

Also , am I right now in H1B status ( legally ) since I am already working ?

Looking forward for your response
Thanks,

[checkmystatus]

would really appreciate any response for this query...

Hi members - I have a very important immigration situation.
I have my I797 wit I94 approved from oct'12 to sept'15. However, I didnt work from Oct-12 till August 13.
I have been working since Sept'13 and plan to work till Sept'15 (if possible).

I have a question that if anytime I want now to change to H4 or F1 status - would me being out of status for 11 months in the past cause any RFE /denial during my COS request in near future ? Also, would I need to go to my home country for my visa status change?(H1B- H4 or H1B - F1)

Any other pointers you can suggest me so that I can resume a genuine status?

Also , am I right now in H1B status ( legally ) since I am already working ?

Looking forward for your response
Thanks,

[raghvi]

You being out of status for so long will surely figure sometime in future, if not during a COS, may be later on during GC processing.

As for you being in status or not, I believe you are not in status currently. There is no "partial status" state. One cannot be "out of status" for some time and "in status" for the remainder. The entire stay is considered either valid or invalid.

This is my opinion not legal advice.