Planning to exit USA. Which date I stick to, H1-B expiry date or I-94 date?

I am on H-1B VISA and my employer is an Indian company. My VISA is expiring on 30th Sep 2013 while the I-94 expiry is a few days after that. In case I can’t go back before 30th Sep, will I still be having a legal work status? Can my employer still pay me salary till my I-94 expiry date?

Note : I am not willing to apply for H1B extension due to some personal commitments.