H4 renewal after out of status


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My wife was on H4 from 2011 to 2013. I-797 was valid till August 2013 but she left US before that (in May 2013). My H1b got extended in Oct 2013 and got my I-797 . I didnt file for her H4 i797 at that time. Now I want to bring her  back to USA. . I should be filing i-539 right? since she is out of status and currently not in US, Can I file it on behalf of her or Does she have to file from India? 

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