If you have not applied for labor itself then your 4 questions are for future
Labor is company specific and region specific. GC application or processing begins after labor stage is cleared this is one of the prerequisites.
COS to visitor visa may not be possible
> Application to Change/Extend Nonimmigrant Status, to change your status to visitor to let you remain in US with your mother in valid status.
Post 9/11 all bets are off. Changing status from out of status to visitor is rare and even if done could...
Yes you can
You may need a very water tight explanation to change from H1 to F1. To be on safe side take all possible H1 and employment related documentation to show your H1 as current and legal status.
Depends on your case
> I am on h1b but havent been paid for last few months so I am enrolling in an university so that I can change my status to F1.will there be any complications?
Depends on the particulars of your case
> did any one successfully change to f1 from H1b?
Yes many...
There should be common policy for all employees, check with HR
The company policy will not be so different just because you are on H1, they cannot discriminate. You should try to ask your freinds if they know any H1 who was on extended leave and has any INS issues.
H1 B is a petition not a visa per se
Under premium processing you can get a new H1 B petition in about 3 weeks but it is different from the actual visa stamp in your passport, hope you are not mixing up the two!
Premium processing is supposed to take 15 days or less
Validation of credits without a bachelors degree is hard to say, depends on the validation service.
After 4 refusals does not look encouraging
Probably you can try to enroll in some courses in UK and/or Canada and transfer to US later (or do one semester in US, but you will still need a US visa).
Stamp at POE is at descretion of the INS officer
So there is no guarantee that you will get 6 months or not. If time is a constraint then you or your brother can apply for school ahead of applying for a visitor visa. Once his admission is confirmed he can travel, and if you like you can...
Some options
Your brother can enter US on a valid visitor visa and apply to high school and college.
Hope things work out but in case they dont then do consider some excellent boarding schools in India.
Grace period is just that, not something officially sanctioned
So there is no specific need to inform the INS. You can always say that after OPT you wanted to dispose property like car and do some touring.
Please do not take chances depends on consulate
But do keep in mind that if you apply at the same consulate the chances are that your past history of applications for a visa can be retrieved. Someone in the back room could always be inputing data of applications and computerising the visa...
Your employer may have to file new H1
It is not clear whether INS will count the date of notice of your F1 as change of status or when you are enrolled in the university. With such an undefined state your employer may have to file a new H1 under premium processing to keep things straight but...
Get confirmed deferred admission letter from school
Assuming you will not change school in a year\'s time at POE the letter of deferred admission can help show that you did not enter US and did not enroll.
Tell the truth
I would put the N-400 on hold for a while. Meanwhile try to get the out of status spouse reinstated in some status like F1 or H1.
After this apply for N-400 and the spouse with changed status too can benefit with things like work permit etc.
Providing misleading...
Are you on H1 in USA?
If yes then your company/lawyers have to file for H4 for your wife and she can go to the US consulate in UK as she is a British citizen.
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