Staying beyond I-94 expiration using pending CoS application

[worriedworker]

Hello,
I was working with employer A on H1 visa.
I got a job offer from employer B
Employer B filed for H1 visa transfer petition
I submitted my resignation to employer A and started working for employer B based on the petition receipt notice.
After few months USCIS denied my visa transfer petition.
My spouse is working on an independent H1 visa
Hence I filed for Change of Status (CoS) to H4 just 1 week prior to my I-94 expiry date.
Question: Can i continue to legally stay in US as dependent beyond my I-94 expiry based on pending CoS application? Although my COS was filed before I-94 expiry but it was after the transfer petition denial.
Thanks

[newacct]

Hello,
I was working with employer A on H1 visa.
I got a job offer from employer B
Employer B filed for H1 visa transfer petition
I submitted my resignation to employer A and started working for employer B based on the petition receipt notice.
After few months USCIS denied my visa transfer petition.
My spouse is working on an independent H1 visa
Hence I filed for Change of Status (CoS) to H4 just 1 week prior to my I-94 expiry date.
Question: Can i continue to legally stay in US as dependent beyond my I-94 expiry based on pending CoS application? Although my COS was filed before I-94 expiry but it was after the transfer petition denial.
Thanks

Assuming your Change of Status was filed more than 60 days after you left employer A, I would say no. Generally Change of Status has to be filed while in status. You were not in status since 60 days after you left employer A. Even though you had a pending Extension of Status, that did not give you status (in this case, it was denied before your filed your Change of Status; but even if it was denied after you filed your Change of Status, it wouldn't make a difference -- you don't have status just because you have a pending application; only if the Extension of Status was approved would it have given you status during that period of time). And USCIS generally does not grant Change of Status when you filed it while out of status. They do have the discretion to approve late cases if there is a good reason, but it is unlikely.

Furthermore, since the Change of Status was filed when out of status, the pending Change of Status does not protect you against accruing "unlawful presence" (like it would if you had filed it while in status), unless it is approved. And if you accrue 180 days of "unlawful presence", you would trigger a ban upon leaving the US (e.g. if your COS is denied).