When should I file h4 after I get RFE and h1b is in progress?

Question

My spouse is on h1b and i am on L2 visa. We applied h1b separately this year and my case wasnt selected. Now my spouse got H1b RFE, how much time will it take to get clearance?

I need to apply h4 as soon as my husband gets his h1b.
WIll I be out of status till he gets it approved and till I apply h4?

Answer 1

You can file your h4 visa right now, since his petiton is already approved, just RFE is pending. You should be safe.

Answer 2

I would think you should apply for your H-4 and connect it to his pending petition with the receipt number. If you become out of status, you can just leave the country for a visa stamping once his H-1B is approved but I wouldn't suggest it.