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Immigration F1 visa, acceptable proof of H1 status

Asked over 3 years ago - Santa Clara, CA

Hi, I am currently on an H1B visa and also doing my MS alongside. I am planning to apply for an F1 visa so that I can study as a fulltime student. My problem is, I havent recieved my paychecks since last 5 months and have only a copy of my H1 petition approval as the proof of visa.
So is it advisable to go ahead with the application for F1? I will do it by mailing the documents to USCIS, but what are the chances they may ask me to submit my most recent paystubs as a proof of being legally On-status as an H1.?

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Hassan Hussein Elkhalil

Reputation Level 13

Answered over 3 years ago. Immigration Attorney in Atlanta, GA.

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Your employer is in violation of the labor laws and the labor certification conditions. You did not say how long have you been onthe H1-B visa. If you have been in the U.S. on H1-b for six years or this is your 7th year, your F-1 approvalis minimal. If your were laid off, fired from you employment you have 30days from the time of employment ended to apply for your F-1 visa. To apply for F-1 visa, you have to show sources of financial support and that you have enough financial support to cover your durationof study includes tuition, lodging, meals, etc...

I hope that helps.

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