Important: H1 Pay Stub and SSN -- Need help

[ugot]

All,
I came to U.S on H4 visa. I applied for H1B visa and i got the approval on September 2005 and i
received through postal mail on October 2005. I applied for my SSN on October 28th 2005 and i got my
SSN through Postal Mail on December 8th 2005.
I got a job and started working after December 8th 2005. Few days back i got my paystub and instead
of getting paid for the December month the company made a mistake and i got paid for
November 2005(nov 1st - nov 30th 2005) month.
Also interestingly the paystub has my SSN eventhough i received my SSN only on December 8th 2005.
Wouldn't i be considered illegal?
I spoke to the company to cancel the November paystub and process a new paystub for December 2005.
They say it cannot be done as it has already been released and they also say since the paystub has
my SSN and the system accepted it,i shouldn't have any problem and i wouldn't be considered illegal.
IS THIS REALLY TRUE?

Questions:
1) Would i be considered illegal?
2) Will i have any issues for H1 stamping?
3) Will i have any issues for Green card or in future?
4) Would this be my problem or employer or both?
5) What are the options i have?

Advance Thanks

 

[TheRealCanadian]

All,
since the paystub has my SSN and the system accepted it,i shouldn't have any problem and i wouldn't be considered illegal.

An SSN is not required for legal employment. So long as you had valid H1 status at the time, you're fine.

 

[ugot]

H1 pay stub

And furthermore, the OP needs to be paid for all the time in H1 status, i.e., from Oct. 2005 on. It is illegal to bench people on H1 without pay.
The pay can be deferred until the SSN is received, since it usually is required to process salary payments and report it to the IRS, but the person has to get paid nonetheless.

Thankx for the replies. I have a follow-up question.
Joef: you mentioned it's illegal to bench people on H1 without pay. If the company doesn't pay me for October 2005 then would i be considered illegal?

 

[ugot]

Yes, you would have been considered out of status. As an employee on H1, you have to be paid all the time. If the company is a consultancy and doesn't have a consultant gig for you, that's their problem. They still have to pay you.
That's the law, and they agreed to it when they filed the LCA for your job. They signed it...

Joef: From your reply i understand i would be considered out of status.
This really concerns me and i would like to know What are my options and how to sort this out?
Since this is January 2006 can the employer still pay for October 2005. The reason i am asking this is, since the W2 forms will be released very soon and also my company uses a third party for payroll generation
will they be able to generate (with proper taxes being deducted) the paystub for October 2005?

Also does it matter how much money should be given for the paystub? The reason i am asking this is can i say that i was on Unpaid leave and get a paystub for $0 (zero dollars) so that it doesn't affect the amount in W2 but i would still have a paystub or should it be for the exact amount that the employer originally stated in the LCA application?
One important point is, my company generates paystubs monthly. eg: For Nov1-Nov30 i receive the paystub in Dec8th.
I am asking lot of questions but i really don't know what i can do or not do. Please advise and i will talk to my employer or attorney to sort this out.