If you entered the US in H-1B status, or changed to H-1B status, in October, you should have been working and getting paid since then. If this has not happened, even through no fault of yours, you have been out of status since October 2008. The employer is legally obliged to pay you a certain salary and you can complain to DOL. However, you are on shaky ground since you are violating status. I recommend speaking with an immigration lawyer to assess your options.