Child's Passport About to Expire - Filing new I539

[Raghuram7824]

Hello,

Am currently working on a H1B visa. Have an approved I140 as well. Received a job offer from another company and I have accepted the offer. My new employer is preparing my H1B Employer Change petition (H1 Transfer). He is also willing to file the H4 petitions (I-539) for my dependents as well.

My child (5 yrs old) is an Indian Citizen and has an Indian passport. His existing H4 is valid till March 2021 and I94 is valid till December 2021. His passport is about to expire in a month. I was going to submit an application to renew his passport through CKGS website and looks like they don't accept new applications until the new vendor is in place. This seems like a tricky situation.

Need some advice on the following.

1. Can I file the new I539 petition with an expiring passport?

2. If answer is No to the above question, will my child be out of status until the new passport arrives and the new I539 petition is filed?

Thanks in advance!