Pay stubs and visa stamping

[info_req]

Hi,

Could someone address my problem?
I do understand that DOL views not paying salary for people on bench as fraud. But my case is a little different as I'm not on bench but my client pays my employer in 45 days after the end-of-month. For example, my employer gets 1-31 january payment on 15-march.
Now, my employer is saying that he'll give me salary for january only after receiving payment from the client.
I'm planning to go to India sometime during April and will have to go for visa stamping as I joined the employer in Jan-06. I need to keep all the paystubs from my current employer but will not have Jan or Feb paystubs with me.
If the VO asks for Jan or Feb pay stubs from me I wont have them. My question is, is he going to accept my explanation that my salary is received based on the date on which client makes the payment? Hence, I dont have Jan and Feb salaries but have it for every month after that.

Also, is it legal for an employer to say that he'll make the payment only after he gets money from the client?

Thanks

 

[safdarali]

Employer must pay salary to H1B worker each month regardless of getting the invoices paid by end client or middle man.
If you file a complaint against your employer with DOL your employer will get into to big time trouble.
Let your employer know to pay you so that you can show your pay stub during visa stamping.
If you dont want to file a complaint then pay your employer out of your pocket and ask him to run your pay roll and get pay stub. Make a deal that he will pay you after he gets payment from client,