Change of Status from L1A to F1.

[Jack1981]

Hi,

 

I entered USA in July 2014 on B1/B2 and have switched to L1A early this year. I have the approved L1A visa stamped on my passport valid till February 2016. I got the visa stamped in June 2015 from India and have entered in USA in July, 2015 on L1A visa. However, since I have arrived my present employer is showing tantrums and I have not been paid since July 2015. 

 

I have been facing challenges since I have arrived in July, 2015, hence I decided to change my status from L1A to F1. I have arranged my financial documents, got the I20 from an university for Master's program and will be submitting the application. But in the meantime my employer called me and asking me to resign on a back date, I have asked my employer why should I resign on a back date? I can resign on a current date or a future date but I should be paid first, my employer refused me to pay me for past two months and I refused to resign on a back date.

 

BTW during my employment on L1A my employer did not pay me the complete salary as per the petition the salary was 5K but I have been paid only 3.5K and employer also imposed the company tax portion in 3.5K and I ended up paying both the tax (individual & employer).

 

No my question is as I do not have my paystubs of July and August, would my F1 be denied?

 

If the F1 get's denied could I explain to the USICS & department of labour that I have not been paid and hence I could not submit the paystubs? or Should I complain to the department of labour beforehand and write a note along with my F1 application? 

 

I also have the B1/B2 valid for next 9 years, is this possible to switch my current status to existing B1/B2 visa without leaving the country?  or Do I have to go out of the country to switch the status to B1/B2?

 

I request all the forum members and Murthy Law Firm to suggest me a best path whether I should complain the department of labour about my employer now or I should wait for the F1 decision? & Can I switch my status to B1/B2 without leaving the country? 

 

Please guide me with a best solution.

 

 

 

 

 

 

 

 

 

 

[jairichi]

First file a complaint against employer with DOL. You cannot apply for COS to F1 without pay stubs or complaint against employer.