Change Of status from H4 to H1

[NICJ]

Hi,

Please advice me on the below scenario:

I came US in Apr 2012 on H4 Visa. I applied for the H1 through a consultancy, which got approve but the I-94 didnt came as my H4 was expiring before 1 Oct 2012(as my spouse H1b visa was expiring before 1 oct). They replied to go back to home country and get the stamping done.

My Spouse got the extension of H1b and so i got the extension on H4. Based on the H4 extension my consultancy has applied amendment for my h1b, on which i have got an RFE now. I have few questions now:

1. On which status i am on this date (2 Oct 2012)? Is it H1b or H4?

2. As my H1b is being approved from 1 Oct 2012(though 1-94 is not there), can i start working, as the documents for amendment has already been submitted to authorities?

Kindly suggest.

Thanks

[metroguy]

Did your company apply your H1B with Change of Status (COS)? If yes then you will get a new I94 for 3 years with the same number as your current I94. If not you have to leave US and get it stamped from outside US. Sometimes USCIS misses out I94 even when filed H1B with COS, then your attorney should contact USCIS to get your I94. All the best.