Delay in I-539 approvals H1b to H4 visa

[1234oj]

My spouse applied a I-539 from a H1b visa to a H4 visa in January of 2015 and it is still pending due to the slow processing at USCIS.

 

My H1b visa expires on September 20, 2015 and has been thus applied for extension. What should be our next course of action??

 

FYI - She last entered the US on H1B with her I-94 stamped through September 30, 2015. She since changed employers and received a H1B approved through 2017.

Is she out of status?? what is the right thing to do at this point? We have had a couple of infor pass appointments where they told us that the processing is slow and we should expect a delay.

My PD (Oct 2010) is current for the application dates and we would want to apply for I-485 and EAD in October. Please advise.