My wife came to US on H4 (valid till Sep 2010). In Oct 2008, she got her H1 approved (valid till Oct 2011) but due to economic scenario she has been on bench since then. Her employer refused to pay and her pay stubs were not generated. In between, I changed my job and my current H1 is valid till 2012. We want to now change her status to H4 as well but worried that we would be asked to show her paystubs when we send her I-539.

What are our options? Someone suggested that we file a WH4 compaint to the labor department against her employer and if USCIS asks we could use that. Is this the only option available to us now?

Please advise.