Family status while waiting for reaffirmation


Came down to India in Feb 2012 for some meetings and got a 221g (had COS from L1 to H1). Now case has been sent back to USCIS on Jun 28th 2012 (I got the email on 17th July 2012) for review. Meanwhile my employer applied for another H1 in Sep 2012 using same quota but this got denied in November 2012 after two meaningless RFEs. My family is staying back in US (though not very happy). Meanwhile my family got their stay extended till Nov 2014. However I want to know whether they are currently in status since long time (Feb - Nov) has elapsed since my departure from US and 4+ months since original H1 was sent back. I have consulted one lawyer and he says that it is preferable for family to leave now or face 10 year ban if they left after Jun 2013. Any advice?