回複:請問皮匠老師:will it be out of status
H1 Aug 2009 date, is that I-797 date or date CBP wrote on his H1 I-94? Your H4 extension can extend to H1 I-797 expiration date.
1. Why would you think H4 extension will be denied? Your H4 I-94 expires on oct 4, and you have filed I-539 already. It's timely filed, and when approved, H4 time will retrospectively applies to all the pending period. Unless you have other reasons that can lead to COS/EOS denial?
2. You can wait legally while your timely filed I-539 is pending.