H1 Extension - Repost different question - help required

[krisimmi]

Current details are as below.

H1b visa - valid upto Sep 30th 2009
I - 94 - valid upto Sep 30th 2009

Employer A applied for extension of H1b visa in May 2009 and
got an RFE on Aug 3rd week of 2009 for end client letter.
target date for replying RFE is - October 8th 2009.
The client / vendor is not interested in issuing client letter.

if the current employer is not submitting documents for RFE,
1. is it OK If I leave US on 7th October 2009
2. if I am OK to leave US on 7th October 2009 , Will I be safe from out of status and illegal presence issues? (between 1st oct 2009 to 7th oct 2009) since extension petetion is going to be denied any time after 8th october 2009.
3. is it better to leave on the day of expiration of I-94 to avoid issues 1 & 2 as cited above

Thanks in advance,
k

[txh1b]

If you want to go by the books, #3 is the way. Your illegal presence starts from the date of I-94 expiry if the petition gets denied.