karnic2013 Posted January 30, 2014 Report Share Posted January 30, 2014 My H-1B extension filing is on hold because the employer can not afford to pay the new prevailing wages determined by DOL. My I-140 is approved and my H1B is expiring on April 2014.1. Can the employer refuse to sponsor the new prevailing wages determined by DOL and stop H1B extension filing?2. Can the employer refuse to sponsor H1B extension after having approved I-1403. Is there any options so that I can continue my employment beyond April 2014. Link to comment
jairichi Posted January 30, 2014 Report Share Posted January 30, 2014 My H-1B extension filing is on hold because the employer can not afford to pay the new prevailing wages determined by DOL. My I-140 is approved and my H1B is expiring on April 2014. 1. Can the employer refuse to sponsor the new prevailing wages determined by DOL and stop H1B extension filing? 2. Can the employer refuse to sponsor H1B extension after having approved I-140 3. Is there any options so that I can continue my employment beyond April 2014. 1. Yes, employer can refuse to file H1B extension. 2. Yes. 3. Let a new employer file a cap exempt H1B petition based on approved I-140. But, you take the risk of current employer revoking your I-140 and so any new employer would have to start GC process from scratch. Link to comment
rahul412 Posted January 30, 2014 Report Share Posted January 30, 2014 1. Can the employer refuse to sponsor the new prevailing wages determined by DOL and stop H1B extension filing? 2. Can the employer refuse to sponsor H1B extension after having approved I-140 3. Is there any options so that I can continue my employment beyond April 2014. 1. Yes. 2. Yes 3. Find new employer. Link to comment
pontevecchio Posted January 30, 2014 Report Share Posted January 30, 2014 1. Yes 2. Yes 3. Get a new H1 sponsor for extensions based on the approved I-140. Link to comment
JoeF Posted January 30, 2014 Report Share Posted January 30, 2014 An employer is not required to file an H1. If they can't pay the prevailing wage, they probably have lied on the I-140 as well. So, the I-140 may get revoked for fraud. Find another employer. Link to comment
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