Need Urgent Help

[karan2405]

What is the name of your state (only U.S. law)? Michigan

My Brother is working with Hotel as Hotel Manager on H1B and his wife is on F1-doing her Phd.
Hotel is not paying him(except some small amount of cheque) from last 1-1.5 months but still he is doing the job in the hope he will get paychecks.Now,Hotel is on the edge of closure and no hope.

Question is:
1) Is it feasible to go for change of status fro H1B to F2?What is the possiblity that his visa is in valid status?
2) Suppose he planned to go back India and get F2 Visa then what will happend to his H1B?is it still valid?Can he change status from F2 to H1B once he get some new employer?
3) Suppose he planned to go back India and try to get F2 Visa and he didn't get approval.Then how he can come back to USA.The H1B is still remain or they take both the visa at the time of F2 denial.

Please send me response asap.

 

[karan2405]

Need Urgent help

Hi Lana,

Request you to please help.

Thanks and regards
Karan

 

[candg918]

If you need urgent help from an immigration attorney, you need to pay for a consultation with one. The attorneys here are volunteers and do not spend all of their time monitoring the site.

While not an attorney, I know from your description that he is out of status since he is not being paid. He will be unable to change status without exiting and reentering the US with the appropriate visa stamp.

If he does not get an F2 stamp and does not have an H1B job, he may not reenter the US. If he gets an H1B job in the future, he may only begin working after receiving the approval and getting an I94 either by COS or by entering on h1B stamping and proper documents.