I am on H1b now.My employer is a third party consultancy. My H1b start date was 1st oct, 2007. I have the H1B stamp valid till 1st Oct, 2010. I am in India now and have been staying in India since 0ct 26 2008. My last pay stub was generated on Aug 18.2008. I did not have pay stubs after that till I leave to india. I am aware that I can’t enter usa without a project.
These are my questions:
1. If I apply for F1 from india and went for stamping and the stamping got rejected. Will my existing H1b stamp is still valid? Do I need recent pay stubs?
2. I did not have pay stubs between Aug 2008 and Oct 2008 during my stay in usa. I was not having the project. My employer was supposed 2 pay me even if I did not have the proj but he did not.Can I file a case at DOL against my employer?