H1B Extension RFE - I94 Expired - CoS to H4


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My H1B extension got RFE on Jan 30,2020 and I94 expired on Sep 30, 2019. In case of any H1B denial, Can I apply for CoS to H4 based on Spouse active H1B immediately within 10-15 days grace period we get to travel out of USA. Will I be considered Out of Status during anytime of this process.
By the time I receive response I will be in Week 38/39 of my pregnancy and in restricted mode of International travel
 
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Thanks for reply. I am good if H4 will be approved without I94 as I can travel later on after baby birth in like a month.

Can you let me know on below 

1. Can I still apply for CoS if my H1 extension gets denied immediately, although my I94 expired so I can maintain my status till USCIS takes action on H4 application  ?

2. Will I be Out of status immediately and not in position for CoS to H4 after H1 denial?

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