H-1B extension denied, I-94 expired - how many days time do I have to exit the country?

[m711]

My I-94 has expired in Feb 2012 and my H1b extension was denied yesterday on the grounds that my current LCA was not registered at the time of filing the extension. I moved from one client location to another after filing for extension which resulted in denial. Within how many days should I exit the country? My Attorney asked me and my spouse to leave the country immediately but my HR said I can take a week to sell my stuff and wrap up and leave. I have initiated my relocation and awaiting return tickets from my employer.

1) Should we leave the country immediately or is there a minimum grace period I get to wind up?

My spouse who came on H4 was persuing employment opportunities in US. His potential employer had filed for his H1b. He is excempt from the cap as he has unused H1 from prior years. His attorney is proceeding with his H1b inspite of the fact that his H4 extension was denial and is also willing to process H4 for me as my H1b extension was denied.

2) Can I have my spouse's employer file H4 for me even though I am currently out of status?

[pontevecchio]

You should both leave soon and then come back on the appropriate visas.