H4 extension not filed with H1, I-94 expired

[H4VisaHelp]

Scenario

I came in USA on a working Visa(H1-B) in 2003, got married in 2009 and my wife came with me on the a dependent Visa(H4). I was out of US for about 15 months from 2005-2006. My green card processing was initiated in May 2011 and PERM was approved in June and I-140 was approved last month.

My H1-B completed its designated 6 years in July-2011, an extension to this Visa was applied in May-2011 and there was a RFE(Request for Evidence) against it which was responded by the lawyers in Aug-2011 against the I-140 approval. Currently the Visa extension application is pending with USCIS and we are awaiting a response.

Along with my H1-B visa extension the lawyer did not file for my Wife’s H4 extension (I-539 form I guess) and hence she is out of status since July-2011.

what are the options:-

1. can we apply for my Wife H4 extension now? If yes how

2. as my H1 was expired before I-140 approval, will i get an H1 extension or not?

[Attorney_24]

Failure to maintain lawful status is a serious issue. Kindly consult with a qualified immigration attorney to discuss specific questions and available options.

[H4VisaHelp]

I am trying to understand if is it possible to apply for H4 extension now or there is no way out?

I understand i will have a choice to go to India and apply for a new H4 against the H1 extension approval