B2-H1b

[romski]

I have a pending application for H1b. I got a notice from the USCIS to submit additional evidences. Also, before I filed for H1b, my wife filed for H3 including me as dependent (H4). We are currently inside the US waiting for the decisions on our visas.

Just recenty, my wife's application for H3 was denied and we are given 30 days to depart the country. The decision for my H1b is still pending.

Are we considered out of status as of the day my wife got the denial letter from the USCIS?
Will our tourist visa be revoked even if we went back to our country of origin before the 30 days given to us by the USCIS?
I heard something that because we overstayed beyond what was given to us thru I94, I will be denied re-entry to the US even if my H1b application was approved? Is this true?
We need also some of your suggestions on how to wisely handle this matter.

Also, my lawyer didn't file my H1 as change of status.

Please help us, we need to make a decision before the week ends.

My thanks in advance.

[orion]

Leave within 30 days to keep your record clean, retain boarding passes. Even if your I-94 is valid for 2 more months, the denial of H3 changes that and instructs you to depart within 1 month. If your H1 is approved, go for consular processing in your home country.

Changing from B status to any other is not wise at all, you violated the terms of B visa right there. "Not visiting for work", remember? on DS-156...