H4 - I-539 applying late - Any issues?

[RockFly]

My husbands I-797 expires on Jan 19, 2019 and myself and our kid staying here as dependents on H4.

We all have visa validity until Sep 8, 2018 and I-94 validity until Sep 19, 2018.

My husbands employer applied his H1 visa extn on Premium (Aug 17, 2018) and my husband and the employer both forgot to apply our extension of stay (i539). We are preparing the documentation and will send documents next week. Will there be any issues? I know we are applying late due to some blockers but wondering if anyone else sailed the same boat. thank you in advance for your reply..

[satya2k1]

there are no issues as long as your I-539 petition filed before your I-94 expiration.  Note that, H4 petitions may take longer than your husband's H1 petition approval, because they were not filed along with H1 premium.