H4 expired while H4 to H1 is in process


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my h4 expired last year i.e.,Oct 2015. But before that itself in the month of Apr 2015 we filed h4 to h1 transfer (2014 h1 intially got approved and in Sep,2014 came back went to india and came back on h4 to us which is valid as above mentioned Oct 2015.)


Its been more than a year since we filed h4 to h1 transfer(almost from Apr 2015) and in the month of Oct 2015 we answered the RFE where there is no update till date from USCIS. When we approached USCIS two months back they said still in security check process.


So, here my questions are:

1. Am i belong to out of status or unlawful presence as my h4 expied and h4 to h1 process already crossed more than 240 days?

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