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.
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.