Departure while late i539 filing is pending ; What options to avoid 3/10 yr bar

[BBAO]

I am in in L1 visa... my L1(and I-94) and my dependents L2(and I-94) , were expiring on Sep 30, 2016. My employer applied the extension of L1 in premium and i received my approval and extension. Unfortunately, my employer while sending the extension package, forgot to send my dependents (spouse and child) L2 extension form. It was realized in January 2017, and it was a fault of  administrative staff of my employer. So my employer promptly applied for I-539 with Nunc pro Tunc (forgiveness) on January 30, 2017. A Receipt was received on Feb3, 2017. And right now it is in "case received status" with USCIS.

So my Spouse and child were in unlawful presence since Oct 1, 2016 through February 3, 2017 (126 days ). I assume that they both will be  counted in lawful presence since February 3, 2016 until the adjudication is given on the request.   Now we have an emergency situation to travel to India (home country)..  I am trying to find if this situation lead my dependents trigger the 3/10 yr ban

My question is ;

situation 1. What happens if the Nunc pro Tunc and I539 is accepted and approved ?
    Will the 126days of unlawful presence will be nullified and the request will be considered as if the I-94 was extension filed on time ?

situation 2. What happens if the Nunc Pro Tunc and I-539 is denied.
    will the duration from Feb3, 2017 till the date of adjudication , considered as unlawful presence in US.. ? because denial anytime now will result in more than 180days unlawful presence , if USCIS considers the duration between late i539 and denial as unlawful presence.

situation 3. What happens if my dependents depart now, on a emergency, out of country say on May 30, 2017 ?  ( i am currently in this situation and very difficult to take a decision )
a. What happens to the presence of my dependents from Feb3, 2017 ( the day I539 was receipt received) till May 30, 2017.. will it be considered as lawful presence .. if so my dependents will not exceed 180 days unlawful presence and so they are saved

b. What happens to my petition.. will it still be proceeding for processing ? or considered denied . if considered denied and situation (2) is triggered and they cannot come back for 3 years ?

 

Sorry for a long description, as the situation is complex and i would like to explain it in detail.

 

[pontevecchio]

I agree that the matter is complex. You should involve a lawyer.