Originally Posted by simple1
you are already out of status.
h1b expired = out of status
i94 expired = illegal worser than undocumented.
Leave usa immediatly.
Illegal status will start impacting your future entry only after 180 days so take it easy and dont panic. Apply for LCA and then H1B. Most likely your H1B will be approved without an I-94. You need to take that and go to stamping to the nearest embassy.
Get the things done ASAP
Good luck, again this is just my opinion. Consult your attorney for more details