Staying in the US with L2 I-94 expiring and H1 in RFE awaiting response

L2-EAD and I-94 ending in 1st week of October. Now I got RFE for H1 B this week and will be submitting documents in about 2 days.

Suppose I do not get any approval response for H1 before EAD and I-94 expires:

	Am I eligible to work while awaiting H1 approval.

	Will I be able to stay in the US legally with this awaiting H1 approval status.

My employer is not willing to go for premium processing.