My Company forgot to file H4 Extension for my wife

[myquery12]

My H1B visa was till Nov 2011. Company A Filed my H1B Extension on Premium Processing and forgot to file for my wife H4. I got RFE from same in Nov 2011. Denial to this petition came on March 2012. In the meantime, in January 2012, Company B filed for my H1B, which is still in regular processing at status " Initial Review". This puts me still in Status. But Company B, did not filed H4 for my wife, saying they cannot file a Extension of visa which is already expired.

Is my wife out of Status?

If from Company B, My H1B get approved, can I or through lawyer file for my wife H4 on backdate Visa?

What are my options for H4 for my Wife's visa?

Please, I need urgent advice, to avoid her trip to origin country.....

Thanks in Advance...........

[kalyan_ac]

She is out of status and has to leave the country immediately.

She can go for H4 stamping once your petition gets approved and come back.

Or you can do a nun pro trunc.