"You become OOS when current I-94 expires"?!

My current I-94 is valid till 10/14/2012. Therefore, am I still not OOS with a I-797B? Right now school is finally (actually the clerk is finally) seeking legal service for re-opening the case because it is indeed unfair treatment for this alien subject who respect laws more than most people. For example, when he received lay-off notice around 5pm on 11/14/2011 upexpectly, he quickly fine I-539 for H-4 on the next morning (11/15/2011) using Certified express mail service.