H4 is expired and my H1B is requested for appeal/MTR?

USA H1B Visa
1 
My Case :- H4 to H1 

Applied- May 11-2012 

RFE-20- Sep-2012 (Replied to RFE) 

Decision - Denial 22 Jan - 2013 

 

Today I checked my H1 B visa status and it is showing as denied.

I have following question.

 

1. Can i stay in US legally if my H4 is expired and my H1B is requested for appeal/MTR? 

 

2. Can I apply for my H4 extension simultaneously while I request MTR/Appeal for my denied H1?

 

Note :I do not know what is the reason for denial.Once i get the letter from USCIS i will be knowing whether i can go for MTR/Appeal.
2

  1. No, you cannot. You need to file for H-4 extension. If your I-94 has already expired, then you should leave US ASAP and return after getting H-4 visa stamped. Filing MTR/appeal doesn’t give you stay authorization

  2. Yes, you can do that. For successful H-4 extension, your current I-94 should not have expired