H1 to H4 COS when H1 application is pending and i94 expired

Hi All,

Need help and guidance as I am in a very confusing situation:

I was on H1B and my i94 expired in Nov 2017. My employer had filed for H1 extention in Oct 2017. While I was waiting on H1 extension response, my 240 days timeline to work after i94 expiry got over and i had to stop working.

Meanwhile, I converted my H1 case to premium processing in May 2018 and got a RFE. My employer said it is difficult to respond to RFE and many cases are getting denied and suggested me to apply for COS to H4 (as my husband had approved i140) and file for H4 EAD. I did that in June 2018 but till now there is no update on COS and EAD approval.

My queries:

  1. What is my status now and do I fall under unlawful presence as my i94 had expired in Nov 2017?

  2. Has anyone faced similar situation?