> 1. How complicated will it be my changing to F1 from H1, when I have part of green card already processed. Will it make more difficult to get F1 visa from H1, since I have already applied for immigration.
I-485 or application for AOS is considered final step in application of...
> I heard that I have to file I-539 to convert her status from H4 - F1. I would like to know if this is accurate and if so how long does this take.
Yes you have to use form I-539
Time depends on the service center you have applied.
> I will be applying shortly for...
The I-94 with 797 is in lieu of the one that you lost
If you have all the paperwork in order and were not out of status while on F1 or H1 you can apply in India. Work permit while on F1 could weaken your case and you may have to go in person if this is a new H1 visa stamping.
Apply in home country
> there might be high probability of not getting my stamped passport back for my Nov trip. What do I need to do for this type of situation? Is it OK if I call DOS and explain the situation and see what happens?
Take a printout of the DOS website where the 60 day...
> Suppose I have an H1B visa from company A and I apply for a NEW (NOT TRANSFER) H1B visa for another company B then 1) my visa for Company A is valid? I assume Yes. 2) Suppose my new H1B visa comes without an I94 then do I need to go OUTSIDE US? I already have a I94 for the visa...
You may need documentation to support reason for leave
> Can I go to India on long vacation with no pay and come back later if my employer is willing to??? What trouble can I and my employer get into?? Is there anything that I would need to show when I come back?? Is a letter from HR...
Your immigration lawyer can suggest best course of action
> 1) What are the implications with IRS and INS (I-485 and final interview) of filing income taxes with W2 showing false SSN. Would IRS notify INS ?
Working with false SSN is illegal. There are instances of cooperation between IRS...
You dont have to resign while applying
> My question is do I need to resign from my current job prior to applying for the COS? If not, can I resign after the COS is approved?
You can resign once COS is confirmed, you can even call the service center you applied to find status of...
Generally OPT is not company specific but H-1B is
So most likely it will be [a] New Employment for you unless you have a prior H1-B before F1 status. In any case you are applying for a Change of Status. Part 2, Item 4 [b] on the application form.
> Prior Petition number- would this...
Certificates and affidavit of financial support
Most important documents are his affidavit of financial support, transcripts, no objection letter if working for some Govt. agency, birth certificate and so on.