This is a major issue for those who are unaware of the rules of status especially if they are thinking that since their form I-797 I-94 is expiring on December 2018, it is perfectly alright to continue staying inside the United States. This is a wrong concept. Therefore, you need to fix the situation. There are three possible solutions to this problem:
1. File an extension of the H1B and H4 status before the I-94 expires;
2. Get a new passport, leave the country and come back to the United States. Note you would have to be in possession of a valid visa (stamp on passport) to be able to re-enter; or
3. Get a new passport and contact CBP and try to have the problem fixed at the CBP office.
All the above solutions have worked, depending on your situation you might opt for option 1, 2 or 3. It is always good to opt for leaving and coming back if you already have a visa stamp of your passport, but you should not just leave without talking to a lawyer because there might be other
issues of unlawful presence if you found out about this issue too late.
We have dealt with many such situations in the past, we recommend you call us at 510 742 5887 for any help.