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H1B, H4 Visa

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H4 advice
Hello every one,

I was on F1 opt status and my wife was on F2 opt, both of us now in USA. my employer filed H1b for me, and asked me to file H4 for my wife, (there were miscommunication and misunderstanding that I need to wait until I get approved so I can file H4 for my wife).
The situation now I got approved for H1b and my wife F2 OPT status ended (out of status for a week now).
1) Can I still be able to file I-539 for my wife while she is here in the USA, even she is considered out of status? If yes there is still a chance to get it , is there a prediction based on your experience?
2) How long can my wife stay in USA waiting to I-539 response, considered safe duration to stay in USA in out of status state, in case the response takes long time.

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