If your H1 I-94 does not expire yet, you are legal to stay in US. - I could not think it would be true.
When anyone is OOS, the unexpired I-94 does not help his legal status or legal stay. Say Wang Wu has a pending I-485 but no any nonimmigrant status, upon denial Wang Wu is supposed to leave within 30 days although his AP I-94 may be good through 9 months later.
The unexpired I-94 may protect him from accruing days towards 3/10 year bar though.