Urgent Help on H-1B which will expire in 2 days..

[NHWB78]

I am currently on H-1B (my 6+ year on H-1b) visa & I-94 are set to expire on 12/18/2014. My employer couldn't file the extension because my LCA is denied due to some FEIN issue. They are preparing LCA and H-1B petition again but they can only file it until LCA approved so it is after my I-94 expiry. I got my I-140 approved in 2012. My wife is also on H-1b. I wanted to know what options I need to follow.

1) Can I apply change of status from H1 to H4 based in my wife's H1-B, so that I don't need to go outside US?
2)If I change my status to H4, can my employer still file H1-B extension petition in December with premium processing or they have to wait until my H4 gets approved? Will that petition be an extension or new H-1b? Can USCIS deny the H-1b petition because the H4 petition is still in process?

3) Can I file H4 peition alone with premium processing? 
4) If I go out of US on or before 12/18, can they accept my employer's H-1B petition as I already used 6+ years of H-1B but I have valid I-140.
5) As I have already used my 6 years of H-1B but have a valid I-140, Can I be cap exempt or it has to be new CAP?
6) If I am filing H4 tomorrow, can my employer file H-1B extesnsion in next 7 days?

Thanks

[jairichi]

1. Yes, to be on safer side.

2. Yes, employer can file H1B petition with PP when COS to H4 is pending with USCIS. It will be a cap exempt H1B petition.

3. No PP for COS to H4.

4. Yes.

5. Cap exempt.

6. Yes.

 

Anything you do talk to your employer's attorney.