H1 Extension; I 94 expiration

[kiranseshareddy]

Hello,
I am a H1 B visa holder and my visa expires Dec 2012. I 94 on my old passport expires on Oct 8 2011. I had applied for a new passport and got it. My employer has applied for H1B visa extension and my application is with USICS now. The receipt date of H1B extension application is Jul 21. My question is, if I do not get my new H1B visa with a new I 94 before Oct 8, will I become out of status.

[kabkaba]

Since extension has been filed before I-94 expiry, you are allowed to stay and work in the US until the application remains pending.