Dear Mr. Michailov,

I came to USA on F1 visa. After graduating I worked for company ABC and they sponsored me H1B in 2008. I was on bench from June 2009. I have complained to DOL against my employer for not paying me on June 2010. My H1B visa was terminated after I complained to DOL in Oct 2010. DOL officer called me today (2/21/11) and said my employer need to pay me backwages and he is going to appeal against my case with administrative law judge. I am planning to do MBA. As I do not have paystubs, will there be a problem when I file for F1 visa? Can I tell USCIS that my case with DOL is still under investigation? Can I go to Mexico or Canada for F1 visa stamping instead of going back to India? My I-94 expires on October 2011. Please give me the best option to do.

Regards,
Mark