H1B with Desi Employer But no Project what to do?

[nav_nav2000]

Hello,

Kindly Advice.
I am on H1B with a Desi Employer. My project with the client ended end of August and my employer did not pay me for the month of September. He is still looking for contracts for me. My H1B is till 2011

My question is
1. If he finds a project for me next month and I was not paid for 2 months ( September and October) what implications it can have.

2. Also If I leave US as I have not been paid for 2 months. Am I Illegal. Although He has not canceled my H1B but he has not paid me.

 

[Concerned4us]

You are out of status. File with the DOL for back wages as it is required by US law that H1B employee be paid by employer whether or not the employee is placed on a project.