You were not out of status. The time you were out of status woul

120 days, (4 months) if

1. You have been lawfully admitted into the United States,

2. You have filed a nonfrivolous application for a change or extension of status before the date of expiration of your H1B, and

3. You have not been employed without authorization during the time you wait for the extension of your new H1B.