I am about to transfer my H1 with some other company. They have written in email that "I-539 not required to be filled by dependents on H1/L1/GC".

My wife is on H1 and at present in India. She got her H1 in Feb 09 and since she has not been working.

Can I submit I-539 for my wife along with my H1 ? i.e. Is this legal and will it override H1 status of my wife to H4? Or will this create a problem since her current status is H1?

OR
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Should I get H1 only for me and then send it to India so that my wife can get an H4 based on my H1?

I hope I was able to convey my point.

Which is the best option available for my wife to come back on H4? Please suggest.