Urgent Help needed - H4 filed late beyond 180 days and waiting for decision

[vepoo]

Hello, 

We are in desperate need of advice.. any help or suggestion is much appreciated. 

I narrated the timeline below to understand the case 
Previous H1 and H4 were valid till 12th Oct 2017. I-94 also the same expiry date. 

Sep 2017 - we applied for extension (H1 and H4) 
Nov 2017 - received RFE 
Feb 2018 - submitted RFE documents 
Mar 2018 - received H1 and H4 approval (approved from 12th Oct 2017 to 13th Oct 2017 - just for a day) 
Mar 2018 - filed H1 on premium (Attorney missed to file the H4 along) 
Apr 2018 - H1 premium got approved and valid til Dec 2019 
May 2018 - realized that the H4 was not filed and filed a petition. 
June 2018 - Vermont center received the petition 
July 2018 - received the receipt number for H4 

Note : 
- earlier, I 140 was approved 
- we have two daughters who were born in USA 
- Attorney suggests to wait till the current petition decision. 

We are in a state where my wife received the receipt number for the current petition. below are the questions 
1) Is the current stay of my wife legal? considering that its 330 days from original I-94 expiry, 181 days from the interim H4 received (though we received in Mar'18 it had past validity) 
2) Vermont processing time is extremely long - per current timeline, the possibility of the application getting processed will be Sep - Nov 2019. If the application for some reason gets denied at that point what will be the implication of my wife's stay here? 
3) Is this advisable to travel to India now, and apply for H4 from there asking a waiver?