H4 Minor I94 Expiry

Hi Everyone, I have a situation for minor son.

His passport and I-94 is going to expire on 28th Dec 2020 and i realized this a week ago. Now i applied for passport renewal with VFS global through tatkal and waiting for their response( they are really working very slow). My H1B and spouse H4 visa’s are valid till July 31st 2021. I am planning to H4 extension (i-539) USCIS online for my son alone immediately once i receive new passport.

I need suggestions and help on, will it be problem if he overstays after I-94 expiry without H4 extension if i receive passport after dec 28th due to this holiday season)

Thanks in advance

@Anil_Gupta, can you please suggest on my post? Since I have very short time, it will be helpful

Overstay is always a problem. You should apply an extension once the passport is renewed.

@Anil_Gupta, Here extension meaning form i539 ? Reason am asking is my son has valid H4 visa till 31st July 2021. If i file I-539 it will be consider as Visa extension and how it will be taken care by USCIS? Will i get new I-797 approval notice with new I-94 date or i should file some other form since it is just I-94 extension.

Please suggest me as i have only 2 days left for I94 expires.

Also my son new passport did not receive yet from Embassy. What shall i do in this situation.