1. Arrived in USA on May-2005 on H-1B.
2. Changed Employer in Nov 2006,got H1-B Petition approval till 20-jun-2009. (My wife's H4 also has the same date)
3. Changed Employer in Mar 2008, applied for H1 transfer. Its 1 year since the transfer application is submitted,but the decision is still pending with USCIS.Whenever my attorney inquires, USCIS tells,"Its in Security Check".
4. My I-140 petition [substitution] applied with current employer in EB3 Category was approved in Apr 2008.
5. Filed Adjustment of Status on 12 Feb 2009. (along with my wife)

1. I-94 valid till 20jun2009. If H1 transfer not approved by then,or EAD not received, do I have to leave US ?
2. Am I considered "IN Status" OR "OUT of status"? (since my H1B pending with USCIS for > 1 year)