AOS h4 to h1 b have 180 days for conversion, does this same option hold good for h1b?

Question

My soon to be ex-wife (who was on AOS(H4) claimed in court that she would be in US as illegal because her h1b is aprpoved and going to be activated from October 1st.
Judge has deferred our divorce till Oct 1st.
I believe INA Act 245 would give at least 180 days for filing another status for her and would she not be under 180 days condition till October 1st? Will this be applicable for h1b?

Answer 1

This won't be applicable with the facts you have mentioned here.
INA 245 only deals with immigrant visa or adjustment status of the same.