Problem if apply H1B in Apr if I-94 going to expire Aug 2013?

[SNeni]

I am in H4 visa now in US which will expire on Aug 24th 2013 and I94 on Aug 24th . I am planning to file H1B Visa in April '13.

My husband will file his H1B extension and my H4 extension in this month because his visa is also expiring on 24th Aug'13 and I 94 on July 30th.

My question will it be any problem if i apply for H1 in apr 2013? as my emplyee told me that you need to go for Visa in Oct for this case? if we still get the H4 extension and h1 extension for my husband?

Please help me here.

Regards,

Neni