H4 holder I-94 expired Please healp

[kather_i]

I did not know that I need to separately apply for the H4 extensions of stay. My wife came to US, with my old company - Acompany’s visa stamping. The VISA stamping and I-94 card are expired on Sep 30, 2005 (I-94 expired on 09/30/2005).

Right now both of our passports have only Acompany's VISA stamping on it and expired I-94 cards. Also my passport expired on Nov23, 2005 and got a new passport from New York Indian Embassy.

Now I am with Bcompany and its I-797form with attached I-94 is valid until 08/02/2006). At the time of H1 filing, I did not include my wife name because I was a bachelor. I went to India and got married and we both came to US in the same old Acompany’s visa. I was told the new I-94 attached in !-797 will take care of our status, but now I found that it is good only for me and not for my wife, because at the time of filing I did not include my wife name. Now my company lawyer says my wife is out of status for 5 months and she should leave the country within 180 days. Also our attorney asked us to apply for I-539 as an extensions of stay for my wife and we did e-filing of !-539 on 02/23/2005. Please help me what to do in my situation.

a) Is it better for her to wait until this I-539 approval and go to India or
b) Better leave USA before (03/30/2006) 180 days by handover the same
expired (09/30/2005) I-94 card?
c) Will there be any consequences for her when we go for stamping in
India or when we need to apply for H1-B 7th year extension or when we
apply for GC.
Please suggest some better way of avoiding any consequences.