Son I-94 expiring soon, I-129/I-539 pending

[rww968]

Hello All,
Need urgent help in understnading the implecations of this issue. Here is my situation: I have valid H1 visa till May-2011 as well my son. But at POE my son got I-94 till 16-Feb-2011 as his passport was expiring on this date. Now we have his new passport. Thouhg my I-94 is valid until May-2011..so I did not had issue.
I explained my situation to employer, my employer suggested me to file H1 B extension along with I-539 so we can get new I-94s and also new extension for rest of my remaining period on H1. So it was filed on 3-Feb which is prior to my son I-94 expiry date in premium processing @ california center but I got RFE on 9-Feb so my case is pending. Due to RFE I am sure I could not get decision untill 16-Feb-2011( Which is my son's I-94 expiry date)

So my concern now is that if my peition and I-539 gets approved I am fine. But if there is denial then he'll be have problem?? Will it impact his future enteries. In case of denial to new petition, will USCIS consider my old petition to extend my denpends I-94 untitl may-2011.

Please help/share/advise. also share if some one has gone through with similar situation.

thanks so much....

[shervin143]

If the H4 extension gets denied, then the time spend in U.S after the I-94 expiry date will be considered illegal. Since you have already renewed the passport, go to the nearby CBP post and check with them to see if they can extend the I-94 based on your existing H1B petition. Depending on the officer you meet, it might or might not work. If it doesn't work and if the extension gets denied, then the only option is to leave the country and return back on H4 visa.