Hello, we just realized that I need an ITIN for tax refund. My husband has H1B and I have H4. The deadline of taxes are 15th of April. Getting ITIN takes about 6 weeks. Can we get any refund or are we going to pay any punishment? Thanks in advance for your help.

You can file joint return as residents. Attach W-7 (ITIN application) with your tax return. You should not file W-7 separately.
If you are not ready to file, you're your husband is not resident in2009, get extension. H1-B tax filing: Your U.S. Tax Return: The U.S. Visas