Apply for H4 stamping in India. H1B application got RFE.

Hi,

i had a job with company A. My I-94 expired in dec last year. My company A applied for Extension before expiry of I94. Later this application got RFE. But i got laid off from Company A and they said they wont reply to the RFE.I flew back to India on the date i got laid off.

In the mean time i got an offer from Company B. Company B filed for H1B under consular processing but got RFE too. Now I am contemplating just applying for H4 visa stamping.

Is there any risk in applying for H4 stamping in india with my H1B applications under RFE. ?