United States citizenship and immigration services (USCIS) issued a final guidance regarding the AAO decision in the matter of simeio solutions about the material change of H-1B visa worker employment including the change in the job site.
But there are some situations that amended petition might not be necessary to submit. For an instance, if an H-1B visa worker is changing to a new job site that comes under the same metropolitan statistical area (MSA) covered by existing H-1B visa petition approved, in such cases a new H-1B petition is not required.
Since the final guidance issuance is now effective, it is mandatory to comply with the memorandum issued, any action taken by H-1B employers is now determined according to the date of H-1B employee change in the work site.
Change in the job place of employment of H-1B visa employee as follows:
Pre -Simeio case --before April 9, 2015:
If the H-1B visa employee changed his location of work site not covered under existing approved H-1B visa petition on or before 9th April 2015, the USCIS will not pursue any adverse actions solely taking the basis of failure to file the new or amended petition in regards to that move after 21st July, 2015.
Safe Harbor period – from 10th April, 2015 to 18th August, 2015:
If the H-1B visa employee did move to the new job site that is not covered under an existing approved job petition, the employer must submit an amended petition before 15th January 2016.
Post Simeio case - on or after 19th August 2015:
If the employer moves to the new job site that is not covered under existing approved H-1B visa petition after 19th August 2015, employer must file the amended petition even before the employee start working at new job location.
