H1B extension IF denied

[ire19]

Hello Gurus,

I stay in US and work for a non-profit organization. My three years H1B will expire on 15th August 2013. I'll go for a three year extension. However for some reason my attorney has not sent the application so far, but have plans to send it soon and through NON-Premium processing. My spouses H1B visa is under processing(See later)

I've two questions in my mind:

1. Has there been a delay in sending the application? In that case will it be worthwhile to go for Premium Processing?

2. Say for the worst case scenario my extension is denied and USCIS notifies me on September 15th. My spouse's H1B is under processing. (He already worked for 2.5 years on H1B, but spent sometime idle recently,and now filed H1B again with a new job). If my spouses visa is granted before me then after 15th September will I be AUTOMATICALLY come under a dependent visa? Or do I have to leave US because my Visa has expired, and apply for a H4 dependent visa from outside US?

Thanks