Am I Out of Status

[ajaym]

I am planning to apply for CP. During my first job my H1-B was approved after my PT expired. PT expired on Aug 15th, H1 approved on Oct 1. Although my Company had applied for H1 in June, INS took 3 months for approval. The receipt date for my H1 application was Aug 13th. Hence technically I did not have any visa but my H1 was under process with INS.

Am I considered out of status, should I still pursue CP for should I file for 485.