my h1b expired, will I got out of status or should i change to f2 or h4

Question

I am working on h1 and in my 6th year and GC process is not yet started. My wife holds f1 visa valid till 2015 and applied for h1b which is not approved due to RFE.
1. What should be my options as depended of my wife without leaving US
2. can I apply h4 and f2 together

Answer 1

If she is on a F2, suggest you change status to F2. Then if her H1 is approved, you can file to change to a H4. If it is denied, her status remains F1 and yours remains F2.