Employer refusing to extend H1B

[imperial05]

Hello

I started working as a physician in an underserved area that comes under ARC (applachian region). My contract was for 3 years and its ending this year. What happened was that the J1 waiver came in late and therefore i started working late, in september 2009. apparently the USCIS issued the H1 b approval notice that expires in Aug 2012 and that will leave me 5 weeks gap between the expiration and the fulfillment of the waiver.

My employer is refusing to file for the extension which will jeopardise me from fulfilling the waiver requirement. I have tried to explain them several times, but they are siting finantial reasons for not wanting to file for the extension.

What do i do? can they refuse? what are my options in that case

please help!!!!!.

[pontevecchio]

You should give the firm of Murthy a call and discuss your issues.

[JoeF]

Sure they can refuse to file an H1 extension. There is no rule anywhere that an employer has to file an H1 or H1 extension.

You will have to stop working when your H1 runs out, or find another employer.

[imperial05]

Sure they can refuse to file an H1 extension. There is no rule anywhere that an employer has to file an H1 or H1 extension.

You will have to stop working when your H1 runs out, or find another employer.

I understand that they dont have to renew it, but I am still under their contract while this is expiring.

[JoeF]

I understand that they dont have to renew it, but I am still under their contract while this is expiring.

Irrelevant. You can have any contract you want, if you are not allowed to work in the US, you are not allowed to work in the US.

That's a government rule which trumps an employment contract.