My wife came to US on H4 with me in 2014 Dec. one of the consultant applied H1B for her in 2016 and she got H1B and she got I-797 hard copy in Mar 2017. But she did not get any job and the employer did not show any job and did not pay salary till Nov 2017 and asked her to go to India and get H4 stamping. so, she went to India and got H4 stamping. After H4 stamping, she came back to US in last Feb and now she got a job offer few days back. So she is planning to convert H4 to H1 in premium. One of my friend told me that USCIS may decline her case as she was inactive state last year.
Please let me know if you have any suggestions/options to keep her H1B active? Do we need to file case or something like that against to that employer to have her H1B active and transfer to new employer?