H4 to H1

[pila]

Hi,

I came to USA on H4 on 2010. My husband transferred his company on immediately and we all got new H4 and H1 with new company. 2011 i file my H1b based on current H4. But my husband move his company again on june -2011 and we all got new H4 and H1 till 2014-March at this time my H1b is not at approved. Dec-2011 my H1b got approved for 1year. I applied extension on nov-2012 and that got rejected last week.

Can i apply new H1b based on my current H4? am i comes under out of status?

Can any one advise me.

Thanks,
Pila

[kabkaba]

You are not only out of status, but illegal since your latest I-94 (H1B) has expired. You must leave the US immediately. The same or another employer can however file cap-exempt petition for you. You can also apply for H4 Visa while abroad and return in H4 status.