H4 visa(I-94) expiring and H1 B visa under Processing with 'RFE' status

[lalith0902]

 

My H4 visa (as well as I 94 stamp on my passport) expires on 30 Sep 2015. I applied for H1B visa which is currently under processing with 'RFE' status. My employer is yet to respond to it and he may do it in about a week's time. 
My spouse's H1 b amendment is currently under processing since and we are expecting to know about it in 2 to 3 weeks.

 

My questions/concerns:

 

1. If my H1 B visa gets approved after 30 Sep 2015 (i.e. the day of my H4 visa expiration) ,do I have to go out of US and get my H1 visa stamped? Will I be out of status if I wait for my H1B visa approval after Sept 30th?
2.Is it fine if I file for H4 visa extension while my H1 b visa is under processing?
3.In the event of my H1 b visa not getting approved, can i then file for H4 visa extension once i get to know that my H1 got rejected and stay in USA?
4.What is the best way to deal with this situation as I do not wish to go out of status. Also, I do not wish to go out of the US to get my visa stamped if I have a choice?

 

Your answers and help will be highly appreciated.

​

[jairichi]

1. No, since a COS to H1B petition is filed and in process you will be  considered in legal status till its adjudication.

2. You can if you want to. But, apply for its withdrawal once your COS to H1B gets approved.

3. Your extension of H4 will be denied if filed after I94 expiry date.

4. Refer 2. 

[lalith0902]

Thanks a lot Jai!!!

 

But for the 1st question do I have to go out of US and get my H1 visa stamped if it gets approved after 30th sep 2015?​

[jairichi]

Thanks a lot Jai!!!

 

But for the 1st question do I have to go out of US and get my H1 visa stamped if it gets approved after 30th sep 2015?​

If H1B I797 comes with an I94 there is no need for H1B stamping to activate your H1B status. Otherwise you will need to go for H1B visa stamping.