i539 denied, i129 still with initial review

[sv_bp]

Dear all
Me and my wife filed for my H1 and H4 extension. I got a RFE on my H1 which was replied and my attorney was confident that the visa will be accepted. Yesterday as I was checking my case status, I got the message premium processing clock stopped for me with status on initial review and for my wife's I539 - it says a denial notice has been sent. My attorney has not received any information yet. My question are
1, Has anyone got I129 approved with I539 denied
2, our extensions were applied on a timely manner but both our I94 expired on 7/25/2013. Will unlawful stay starts from 7/26 or date of denial which is 9/13
3, If denied can we file a MTR and leave for home country? does filing a MTR keeps us from accruing unlawful presence?

Appreciate your suggestions. Thank you

[Nattybone]

Dear all
Me and my wife filed for my H1 and H4 extension. I got a RFE on my H1 which was replied and my attorney was confident that the visa will be accepted. Yesterday as I was checking my case status, I got the message premium processing clock stopped for me with status on initial review and for my wife's I539 - it says a denial notice has been sent. My attorney has not received any information yet. My question are
1, Has anyone got I129 approved with I539 denied
2, our extensions were applied on a timely manner but both our I94 expired on 7/25/2013. Will unlawful stay starts from 7/26 or date of denial which is 9/13
3, If denied can we file a MTR and leave for home country? does filing a MTR keeps us from accruing unlawful presence?

Appreciate your suggestions. Thank you

Hello, SV_BP.

Sorry to learn about your visa.

What i do know is that you are ok to stay beyond your I-94, subject to a bonafide application pending decision. If the application is denied, you are considered out of status from the day of I-94 expiry. However, as there is a provision in the system for this scenario, upon receiving the decline notice, you should leave the country and carry the denial notice (or copy of it) on your next entry. At the port of entry, you will have to furnish it to the officer.

So, you should wait for the physical notice to arrive, and post that you should consider leaving without delay.

I do not know much to answer your other questions.

Wishing you luck.

Cheers,