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My question is pretty basic and tough at the same time. A US company just offered me a job and will apply for my H1B also. But thing is that they want me to work for them as a full time employee in my current location before they get the visa approved. The pay is obviously less than what I will be getting in US. Should I accept the offer ?.

What If they don't issue H1B because they would be getting the work done in alot cheaper when I am here.

And one more thing, they say they can only apply for Visa in next Fiscal year i,e October because the Visa cap is closed, is it true ?

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  • The One more thing is a different question and better asked separately. – gerrit Jun 5 '14 at 15:14
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The pay is obviously less than what I will be getting in US. Should I accept the offer ?.

Why is it so obvious? They should pay you the same either way, unless you will be working less or being less productive.

Whether you should accept or not is really up to you.

What If they don't issue H1B because they would be getting the work done in alot cheaper when I am here.

What if you work and they don't pay? Do you trust them? And what's the worst that can happen? Worst case - you stay where you are and start looking for a new job. Can you handle it?

And one more thing, they say they can only apply for Visa in next Fiscal year i,e October because the Visa cap is closed, is it true ?

Yes, it is true. The next visa cap will be open next April, with start date of October 1st. They should probably apply on April 1st, since the demand is overwhelming.

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  • Thank you for your time. Yes I was wrong, I was of an impression that Pay rates changes from region to region. And please can you explain the H1B part a bit more ? If they are to apply for my H1B visa, they can't apply before 1 Oct 2014 ? or 1 April 2015?. – Shahroz Jun 5 '14 at 7:01
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    @Shahroz they cannot apply before April 1st 2015, but when they apply on April 1st and get approved - the approval is for start date of October 1st 2015. Yes, October 2015. Year and a half from now. – littleadv Jun 5 '14 at 7:03
  • okay so this is what I concluded from your comment. Pardon me I don't know anything about H1B visa policy. That can't apply now , they will apply on 1st April 2015, if it gets approved I will start working on 1st October 2015. I can't go to US before Oct 2015. – Shahroz Jun 5 '14 at 7:12
  • @Shahroz you got it right. – littleadv Jun 5 '14 at 7:19
  • Of course this might improve if the immigration reforms finally get through the Congress, the Senate and the President. Unfortunately this is highly unlikely. – vartec Jun 5 '14 at 15:12
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This is not a bad way if possible. It may also open up the path to an L1 visa. If the employer is really good, if it is applicable to you, and if it makes sense w.r.t. the waiting time based on the country of birth, they can also already start the PERM EB2 Green card process.

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