USCIS issues final guidance on when to file H1B amendments post Matter of Simeio Solutions, LLC.
On July 21, 2015, USCIS issued final guidance to employers on when a new or amended H1B petition must be filed following the AAO’s decision in the Matter of Simeio Solutions, LLC. In its statement, USCIS has described various scenarios where an H1B amendment must be filed. The most important change is that after August 19, 2015, if there is a change in employment location requiring an amended LCA, then an amended H1B petition must also be filed with USCIS before the employee starts work at the new location. USCIS is also offering a “safe harbor” period until January 15, 2016 for employers to file new/amended H1B petitions to reflect the change in employment location that occurred prior to August 19, 2015. A copy of the USCIS statement can be found here.