NIW - H1 extension


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My I140 NIW was filled in April 2020. My visa expires in August 2021. I have already max out 6 years
Please advice if I-140 is pending more than 365 days am I entitled for one year H1 extensions?
If yes, Who will file the extension?
My employer says since they did not file for my PERM they cannot file for extension.
My employer had filled for my PERM last year, but it was rejected as low wage. I work for an University and my pay is less compared to market
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