you can keep H4 if H1 is valid

Apply H4 now. I called INS and two officers gave me the same answer, if your spouse's I-140 is denied you are still on H4 status, because H4 is dependent on H1, however, your EAD is no longer valid after I-140 is denied. One officer repeated clearly three times to me. You can call INS to confirm the answer yourself.