H1 to H4, Employer violated rules

[sunnyinc]

Hi,

I came to USA about 3 months ago.
Didn't get any project yet. The employer didn't pay me any salary also. So no paystubs to transfer H1 to another company.

To my disbelief, now employer is saying that he wants to change my status to H4 as my husband is also on H1 and working for the same company.

What should I do now?
Can the employer change my visa status to H4 without me knowing?

Can I go to DOL to force the employer to pay me and keep me in H1 status?

Thanks much in advance for any help.

[orion]

Employer can't change your status from H1 to H4. You'll have to co-operate with them for them to do it.

[sunnyinc]

Thanks Orion,

U mean to say, they need a signature on papers, before changing the status?

Thanks

[waitin_toolong]

they cannot change your status but can cancel H1 anytime they want to so it might be a good idea to switch to H4 at the same time as you are not being paid making your status illegal.

[sunnyinc]

Thanks a bunch for the advise.
Anyways, how can I force them to pay my salary with paystubs?
Is DOL the right way?
Can the employer cancel or change my H1 status after DOL starts investigating with them?
I have got a offer/joining letter from the employer. Is there something that employer could do to convince the DOL that though I'm in the US, I'm not employed or working for them, so they are not paying me?

What are the risks involved in reporting to DOL? Can DOL refer me to INS saying that I'm out of status since I'm not being paid?

Thanks

[sunnyinc]

Senior members please help.
Thanks