RFE on H1b Extension after 240 days

[nani0477]

my I-94 expired on Nov 21st 2016 and my employer applied for extension on Oct 16th 2016 , since 240 are over on Jul 21st 2017 , my employer told me to stop working and wait for H1b extension result . and my employer off boarded me from Client project.

On 25th Jul I got RFE , I am yet to see the text of the RFE . if they have asked for client letter , my employer can not get one because I have been off boarded since 240 days passed after I-94 expiration. so chances of H1B approval is very less, now given this situation , I am below questions.

1. can I convert to H4 , since my spouse have valid H1b , being with in USA ?

2. or do I have to go out of country and go for H4 visa stamping ? and come back in.

3. in either case what would happen to my status , am I out of status ?

[pontevecchio]

Consider leaving and returning with a H4 visa to clean the slate as it were and then you are fine.