Current Visa Status

[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