H Visa PLEASE HELP, immigration and job situation

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GFR_

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Hi, I posted the thread about my husband not being able to get an H1-B visa through the company based on the cap for this year.
Now, the company is telling him that they can not hire him, because he can't work. He has an OPT (Optional Practical Training) that expires mid-January, and in the meantime we would apply for a work permit through me, since I am a citizen. The reason we didn't do this before, because of lck of funds for the application fees.
My question, will the temporary work permit be issued immediately, or how long will it take? Is it LEGAL for the company to retract their job offer based on the fact that they can't get him an H1-B visa, even though he can provide his own work permit, given time? I know that on the job offer it stated that the job offer could be retracted if no work permit was given to him..but in this case he is offering them an alternative.
HELP...what should we do? IS there anything that we can tell them or do in regards to the application process to convince them that he will be legal to work?
 
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