H4 to H1 problem !! Please help


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I came to US in March 2011 on H4 aftermy marriage. my husband is on H1. He started harrasing me ever since we came to US. I did not report his abuse to anyone. Finally I left his place and moved to my relatives house in Feb 2012 and tried to convince my husband to go to India with me to resolve the issues with families but he refused.We are not on talking terms now and he is not supporting me financially . In April 2012 I filed for COS H4 to H1, I am still waiting for decision. I came to know that my husband left to India few months back. He did not inform me of this.

Will my status be still valid? Since my husband is in India and I am still in US. But I applied for change of status to H1 so will it still be legal for me to stay here or should I go back to India while my h1 is still pending.

Please help. I do not want to be out of status or do anything that will be illegal. Please let me know if i should leave the US while my H1 petition is still pending.

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My situation is ,

I am on H4 and not living with my husband. I am living with my relatives.my I 94 is valid till Dec2013, my husband left to India and I am in US applied for change of my status from H4 to H1.

1. Am I still on legal status as long as my H1 petition is pending.

2. If my H1 is rejected, can I still stay on H4 ( since I94 is valid till Dec 2013) or should I leave the US. ( I want to go for other options to change from H4 to either re apply for H1 in Apr 2013 or F1 before I leave )

3.If I have to leave, Within how many days I should leave from the date of the H1 denial.

Please help as I need to have a valid status in US and then go to India to resolve issues with my husband and then come back to US.

It will be really helpful for me if anyone can clarify my questions.

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