H1

[work_09]

I am currently working with my employer (H1 sponsor) and my contract and visa will expire on January 2010. I have found another employer that is willing to sponsor me a new H1 visa. My current employer wants me to extend one more year. I already told them that I will just finish my contract and find another job but my employer keeps insisting that they want me to continue working with them. Does my employer has the right to extend my visa without my consent? because I am thinking of letting my visa expire and get a new one. I need your advise... Thank you

[shervin143]

No one can force you to work with them if you are not interested. No employer would want to pay so much money to file for an extension if they knew the employee wouldn't continue with them any further. When a company hold an H1B of an individual, they are required to pay the employee. Otherwise you have the right to complain to DOL to make them pay you. So the companies would usually cancel the H1B petition when an employee quits.

Visa is only for entering U.S. All that matters when you are within U.S is your I-94 expiry. Irrespective of whether you are planning to file for an extension with the current employer or apply for transfer, you should do it now, if you decide to go with the normal process. Waiting till the last minute is not advisable. If it is through premium process, then you have a little more time.

[kabkaba]

Both employers may file petitions for you, but it is your choice who to work for.