H1 visa - 1 month remaining on permit

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pallavivek

New Member
My brother-in-law has a weird H1 issue right now. A US company offered him a job about 3 years back - and got H1B approval for him. But they never sent him the papers, so he never got the H1B visa - probably due to the downturn in the economy.

About 6 months back, they started sending him feelers asking him if he was available etc. They also said there are openings in US and that he would need to go through some interview in their India office and then would do client interviews in US. This has been continuing off an on and then suddenly 10 days back, they told him that they would send the papers and that he would need to fly to US immediately.

His permit is valid till end of April, so he has just about 1 month left. And here's some more info - he would of course, need to pay for the visa and also for the air ticket. And then he would get $30 per day until he finds a job at a client site. The company may have some work for him while he is doing interviews. And it looks like they will deduct some of the moeny they give him from his first paycheck.

Does this situation sound normal? I am concerned about the 1 month part - is there a possibility of rejection at US consulate in India and more importantly, at Immigration is US - due to the 1 month visa issue?

BTW, the company has said that they will apply for renewal when he gets to US.

Thanks in advance for a prompt reply.
 
His permit is valid till end of April, so he has just about 1 month left.
---- it will be difficult for the company to apply H1 extension ASAP as he will not have recent pay stubs. He may also be questions at airport before entry to US (US POE) why he did not come earlier, the officer may reach to conclusion that company had no job and ability to pay and he may have to convince the POE officer that company can pay and they may ask for the proof from company ( I will NOT go for this company)
And here's some more info - he would of course, need to pay for the visa and also for the air ticket.
--------They have t pay for Air ticket
And then he would get $30 per day until he finds a job at a client site.
---- employer has to pay minimum what is written on his LCA , ask them to fax the copy of LCA

The company may have some work for him while he is doing interviews. And it looks like they will deduct some of the money they give him from his first paycheck.
---- it seems to me like a desi body shop and I will avoid them. It is not a good company
Does this situation sound normal? I am concerned about the 1-month part - is there a possibility of rejection at US consulate in India and more importantly, at Immigration is US - due to the 1-month visa issue?
----- I think US consulate may not issue Visa to him if approval is very old, they will ask truck load of documents from the company
BTW, the company has said that they will apply for renewal when he gets to US.
--- I will NOT go with this company and will stick where I am.
 
It looks like your brother-in-law will end up paying the company to employ him, not to mention inviting a sea of troubles by agreeing to pay for the visa, pay for the airfare, accept a bench-pay of $30 per day (I bet the weekends are not included), accepting unknown deductions from the paycheck. This company sounds very shady and untrustworthy.
 
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