H-1B employers are reminded of theUSCIS’ revised FinalGuidance in the Simeio Solutions decision. Although the decision was not to beapplied retroactively, H-1B amendments still must be filed in certain instances:
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Date of H-1B employee’s move
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Action
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On or before April 9, 2015
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No amended H-1B is needed.
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April 9 – August 19, 2015
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Amended H-1B must be filed before Jan. 15, 2016.
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After August 19, 2015
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Must file an amended H-1B once LCA is certified.
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Accordingly, MU Law advises that if anemployee moved between April 9 – August 19, 2015, an H-1B Amendment MUST befiled before January 15, 2016.
The revised Final Guidancereconfirmed that an amended H-1B petition is NOT required if the geographicalmove is within an “area of intended employment.” An “area of intended employment”is generally the same as a Metropolitan Statistical Area. Likewise, anamended H-1B petition is NOT required if the H-1B employee is attendingtraining sessions, seminars, conferences, etc. of a short duration.