Can I sue company if they wont apply for H1B Extension

[kumarirt]

Hi

I am on H1B with the company X and my H1 is going to expire soon, my employer is not giving proper info whether they are going to apply for my H1B extension or not.


Case 1: If my company wont file my H1b extension can I sue them.
Case 2: If my company is not willing to apply for my H1b extension, how many days before my company should inform me (will there be any notice period)

Please provide your suggestions

[immihelp]

1. No.
2. There is no rule. They can tell you on the last day.

[kabkaba]

H1B employment is temporary employment. The company is under no obligation to extend it. In the US in most states, all employment is at will anyway. You or the employer can terminate it without notice.

[sk4ih]

You could always look for new employer and find a job on your own.

[txh1b]

Only thing the company is responsible for is to pay for your transportation back to the home country in terms of airfare. Just for you, not for the family.

[kumarirt]

Thanks for all your suggestions

Thanks for all your suggestions,

If I apply for H1 transfer from other company will 3 weeks will be sufficient to do all paper work in premium process.

After applying to H1 transfer in premium process if I won’t receive my receipt until my present H1B petition expiration date can I stay in US or should I have to receive the receipt for new H1B petition before my present H1b expiration date?

Thanks,
Kumarirt

[kabkaba]

New employer's petition receipt must be issued before your latest I-94 expiry.

[kumarirt]

Thank you very much for the response.

Thank you very much for the response.

[txh1b]

New employer's petition receipt must be issued before your latest I-94 expiry.

Not necessary that the receipt be issued. USCIS should receive the petition before the I-94 expiry. With the lock boxes, receipting is taking as long as 4 weeks sometimes.