Legal Question in Immigration Law in Virginia

Hello,

I came to US, for the first time, on 20th DEC 2011. After 2 days holidays started due to Christmas and New Year. My employer was aware of my arrival in US and he was quite sure that my assignment would begin by the 2nd week of JANUARY, 2012. But in the 3rd week of my arrival, my employer informed me that the project has been postponed and the it might start in MARCH, 2012.

I came to know that I might go �OUT OF STATUS� if I don�t start working with my employer immediately after my arrival. My employer is keeping me on the bench but not paying me during this time which means no pay stubs. And I don�t think that I�m in a position to go against my employer for violating LCA and not paying me.

HISTORY: I got my visa (H1-B) stamped in JUNE 2011, which is valid till DEC 2013, I was supposed to travel in JULY but my father got diagnosed with oral cancer and my trip was delayed with my employers knowledge.

Following are the points I need to know;

1) AM I �OUT OF STATUS� EVEN WHEN I�M ON THE BENCH WITH THE SAME EMPLOYER AND MY ASSIGNMENT HAS BEEN DELAYED FOR SOME TIME? CAN I STAY IN US AND WAIT FOR IT TO BEGIN?

2) IS IT ADVISABLE TO TRANSFER MY H-1B TO F1? UNTILL THE NEXT PROJECT STARTS AND ARE THERE ANY COMPLICATIONS? I MEAN WILL IT BE EASY FOR ME TO GET BACK TO H1B FROM F1 WITH THE SAME EMPLOYER? IF YES WHATS THE PROCESS? AND WILL THE EMPLOYER NEED TO BE INVOLVED IN THIS PROCESS?

3) IS IT OK IF I START A SHORT COURSE IN COMMUNITY COLLEGE ON H1-B TO JUSTIFY �OUT OF STATUS� REASON ONLY FOR 2 MONTHS?

4) WHAT IF H4 PERSON GOES TO F1 AND WHEN THE H1B GOES OUT OF STATUS CAN IT BE CHANGED TO F2 AS A DEPENDENT OF F1?

Thank you!

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