H4 - Not applied after I94 expiry date - AOS entry

[phoenix1111]

My wife travelled to India in 2010 and returned using AP.
I-94 was stamped AOS and we applied for extension and got the same I94 for H4.
Currently the I94 expired in June 2012 and company applied only H1 for me.
My company forgot to file her H4 stating that she is working in EAD.
Can someone shed light on when the H4 can be applied?
Can it be applied now after the expiry of the I-94?
What is her status now?

[sunny1000]

My wife travelled to India in 2010 and returned using AP.
I-94 was stamped AOS and we applied for extension and got the same I94 for H4.
Currently the I94 expired in June 2012 and company applied only H1 for me.
My company forgot to file her H4 stating that she is working in EAD.
Can someone shed light on when the H4 can be applied?
Can it be applied now after the expiry of the I-94?
What is her status now?

If she has filed for I-485 before the H4 expiry (which seems to be the case), she is covered under AOS as long as your I-140 has been approved. Technically, you don't have to file for her H4 if she has EAD and AP as that will entail her the work and the travel benefits respectively.

If in doubt, please consult an attorney.