The USCIS has again revised its interpretation Simeio Solutions decision. USCIS indicated the Simeio Solutions decision will not be applied retroactively, which differs from the previous USCIS’ May 26, 2015 Guidance. The revised Final Guidance now states:
Date of H-1B employee’s move
|On or before April 9, 2015||No amended H-1B is needed.|
|April 9 – August 19, 2015||Amended H-1B must be filed before Jan. 15, 2016.|
|After August 19, 2015||Must file an amended H-1B once LCA is certified.|
The revised Final Guidance also confirms that if an employer’s amended H-1B petition is denied, but the original petition remains valid, the H-1B employee may return to work at the place of employment covered by the original petition.
H-1B employers should note that generally an H-1B employer has 30 days from the date of the move to file the amended H-1B.
The revised Final Guidance reconfirmed that an amended H-1B petition is NOT required if the geographical move is within an “area of intended employment.” An “area of intended employment” is generally the same as a Metropolitan Statistical Area.
If you have questions or concerns about this Guidance, please contact the Fleischer Law Firm for a complimentary consultation