Any suggestions? Extension for expired H4 has been denied.

My son is a second year college student and currently is in AOS (his I-485 is pending in TSC). His H4 expired in Nov 2008 and we did not apply for an extension when applied for our (parents) H1B extension. On April 30 2009 we applied for an extension for his expired H4 (almost six months) since he was told by his college that he needs his valid H4 to be classified as In-State tution. We got decision from USCIS today and his application has been denied and he is required to depart US even though he is in AOS. What should we do next step? Consult with an attoney? appeal/motion? or just leave us and get new H4? thanks a lot. _:\'( _:\'(