Devyani Khobragade is accused of visa fraud and underpaying her housekeeper, lawyers in New York said.
The move comes two days after a US judge threw out virtually identical charges on the grounds that Devyani Khobragade had diplomatic immunity.
However, that ruling left open the possibility that prosecutors could bring a new indictment.
Devyani Khobragade has always denied any wrongdoing.
Her lawyer, Daniel Arshack, had no immediate comment on Friday.
Devyani Khobragade was detained in New York in December on suspicion of visa fraud and making false statements, after being accused of paying her Indian maid below the US minimum wage.
The Indian government said it was “shocked and appalled” at the manner of her arrest, and ordered a series of diplomatic reprisals against the US, including the withdrawal of a US diplomat from India.
Devyani Khobragade returned to India in January after she was indicted on criminal charges and India refused to waive her immunity.
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