Shifting to iEAD, lawyer forgot son's H4 status renewal

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I am posting this for a relative of mine:
The father is on iEAD status since his 6 yrs of H1 are over and his I-140 has been approved. The mother was on H1-b until dec 21st and the son was on H4 status ( I-94 valid with H4 status until 12/21/05). The mother had a H1 application pending with the INS to get back the lost time spent on vacations in India. Just a week ago, the mother was able to get an iEAD too, otherwise she was planning on stopping work, but they lawyer forgot to file for the son's H4 along with her earlier and still pending H1 application.
Now it has been 2-3 days since the kid is out of status! the earliest anything can be done will be tuesday 12/27...what are the options ? the major concern is that this break in status should not cause problems in the whole green card process in the 485 stage..2-3 years down the line.
any comments ???
 
If I-485 was filed for the whole family, then break in status does not really matter. It might although if AOS is rejected and everybody has to stay gor back to Hb status. So son may leave US now and wait until H4 is ready.
 
well this is the problem , both the mother and father are now past their 6 yrs of H1, and their application is pending for capturing the time spent outside india, is it possible to attach the son's application to their pending application ?
 
check with the attorney. There is a rule out there that minors do not incur consiquences of unlawfull presence. so probably they can file for son de novo or jointly.
 
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