COS - H1 to H4 - Need Help

[sdrsandeep]

Hi,

My wife resigned on July 2nd 2015 and her employer forgot to file H4 during her notice period. When we checked the status of filing with the employer, they told us that for some reason her H1- H4 filing was not done.  I have valid H1 till oct 2016.

My questions are:
1) Whether i can file I-539 for my wife on my own ? Will it get approved ?
2) can you please help me with correct I-539 filing address? There are couple of address in USCIS website and it is little confusing to choose which one.
3) Is there any other alternative in this case other than filing I-539?
Many of them told us that she is already out of status and we need to travel back to India. We are still in USA and have new born and also, I dont have india visa for my kid (Just applied OCI) and hence dont want to travel back for atleast another 2 months.
Please help and let me know for any questions.
 

[JoeF]

An H4 is NOT the employer's responsibility. She needs to file the I-539 herself. A COS may get denied since she is out of status.