h1b valid but h4 expired, employer didnt file for an extension

[psa]

Here's my friends situation - employer forgot to apply for wife's h4 extension. So right now my friend's H1b is valid (Jan 2012) but wife's H4 and son's H4 is expired.

So technically Wife & son are out of status and they have to back to India? Are there any other options? Please help

[pontevecchio]

One needs more information specially dates of I94's etc.