Need help - Urgent

[MADHUJASTI]

My husband was on H1B visa which was expired on September 30th, 2009. He applied for the renewal and he just got a query. We are planning to change his status to H4 from H1. Since I-94 is expired by September 30th, will it be a problem if he applies for H4 from USA (He is here in USA)? Since his H1B extension application is still with USCIS people, does he need to still leave the country to apply for H4?

Need this information ASAP. Thanks for the help.

[shervin143]

COS to H4 is not possible with an expired I-94. If his H1B renewal is denied, then he is considered illegal from October 1st till date, which will cause big issues later.