H4-H1 visa status and payroll query

[rishit9999]

My Situation:-
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Arrived in US on H4 Visa: Feb 2008, have been in US since then
Applied for H1-B: Apr 2008
H1 (I-797) Approved on: Oct 31, 2008 with an I-94 stating my status as H1
Got my H1 petition in hand: Nov 15, 2008
SSN issued on: Nov 17, 2008
I have No Payroll for the months of Nov 2008, Dec 2008 since company says that they will run my payroll only when they will have a project for me to work on.
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Questions:-
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I have contacted my employer for my pay for the months of Nov and Dec 2008.The employer says that they will give me an offer letter with a Date of Joining as some date in future (when they will have a project for me) and they would start my payroll only from that joining date onwards.
The employer claims that I am on H4 visa till that specified future joining date. So, during this time, if I visit India and go for visa stamping, no paystubs would be needed. Only the offer letter with a future joining date would suffice with my other petition documents and I-797 approval.

How correct is the above statement?

Is the employer obligated to pay me for the entire validity period mentioned in the H1 approval beginning Nov 2008? If yes, Is the employer required to pay the entire salary as per the LCA or some on-bench salary or compensation during training, which is generally less than the salary as per the LCA

What problems can arise for me in future (say for stamping, or any visa for US in future, or any immigration plans to US etc) due to lack of paystubs and W2 for Nov, Dec 2008?

What are my options for going back to H4 visa. I wanted to visit my home country in Jan 2009. What can be the possibilities for me? Can I go to my home country and come back on H4? Or Can I go to India and get my H1 stamping done. Or can I change my status to H4 right here in US. What is the best course of action to take here?

Thanks and Regards
R

[txh1b]

Employer is wrong. You are on H1b from day 1 of COS and the law requires the employer to pay you from that date. Complain to DOL on a WH4 form.

You are currently out of status which means you will face problems with immigration in the future.

[rishit9999]

Thankyou for your reply.

What are the options that I have now to avoid any problems due to no paystubs and W2 for Nov, Dec 2008? I mean, as the year 2008 is now over, is it too late now to rectify the damage?

Any inputs in this regard would be really helpful !

Thanksyou again.
R

[txh1b]

The option is for your employer to pay and you complain to DOl if they don't. It has been mentioned.