Is jobless on H1B an illegal status?

[novice2007]

Hi Seniors and forum members,

My close friends, the couple are teachers on H1B. Due to a medical condition and the difficulty in teaching in a public school, the wife resigned from her job as teacher and stays at home from Dec.2007.

The employer, the county Dept. of education has not cancelled or intimated the USCIS about the same.

1. Wish to know what is her status? Is she legal in staying without working on H1B?

2. She plans to get her H4 stamped, based on her husband's H1B, when she visits India in June 2008. Will there be problem when she goes for stamping?

I would deeply appreciate all your responses.

[GreatGuru]

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Hi Seniors and forum members,

My close friends, the couple are teachers on H1B. Due to a medical condition and the difficulty in teaching in a public school, the wife resigned from her job as teacher and stays at home from Dec.2007.

The employer, the county Dept. of education has not cancelled or intimated the USCIS about the same.

1. Wish to know what is her status? Is she legal in staying without working on H1B?

She is out of status. Must change her H1 to h4 immediatley.
2. She plans to get her H4 stamped, based on her husband's H1B, when she visits India in June 2008. Will there be problem when she goes for stamping? YES

While she was in H1, she is now out of status. Try to change h1 to h4 while she is in US and then go for h4 stamping

I would deeply appreciate all your responses.