Tuesday, December 8, 2015

H-1B AMENDMENTS REQUIRED BY JAN 15, 2016

H-1B employers are reminded of the USCIS’ revised Final Guidance in the Simeio Solutions decision. Although the decision was not to be applied retroactively, H-1B amendments still must be filed in certain instances:


Date of H-1B employee's move
Action
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.









Accordingly, MU Law advises that if an employee moved between April 9 – August 19, 2015, an H-1B Amendment MUST be filed before January 15, 2016.

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.  Likewise, an amended H-1B petition is NOT required if the H-1B employee is attending training sessions, seminars, conferences, etc. of a short duration.

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