My wife came on F2 visa and got H4 visa in oct. 08. Now she got H1 approval with COS from Oct. 1, 09. She does not have job and therefore no paystubs. She wants to change her status to H4. She can not travel out of US due to medical reasons. So, COS is the only option. The form I-539 for COS needs her I-94. The problem is that the employer is not ready to give copy of I-94 (which has H1 approval receipt no. and came with I-797) or I-797. However, she has the I-94 of F2 and H4 and the printout of the online approval status of H1B petition and copy of RFE stating EAC no. Can these documents be sent with I-539 instead of her H1B I-94?
If not, should form I-102 be sent with form I-539?
Can we get copy of I-797 by filling form I-824? OR will it be sent to employer address.