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About IndependentWarrior

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  1. Hi, My employer relocated me to Pennsylvania from Colorado on 10th Aug 2015 (that is between 9th April 2015 and 19th Aug 2015) and they did not file for amendment and LCA change even after deadline 15th Jan 2016. I was not aware of this dead line and trusted that they have already stared the amendment process. In April when I asked them about it they said they do not have any receipt or notice for the same. Which means they did not file any amendment for me. I want to stay in USA on H1B and maintain my status, even if I need to change the employer. What are my options available? How can I avoid leaving the country? This is the piece of text from the document that I found on www.uscis.gov https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2015/2015-0721_Simeio_Solutions_Transition_Guidance_Memo_Format_7_21_15.pdf "The petitioner must file an amended or new petition by January 15, 2016. USCIS will consider filings prior to the deadline for this safe harbor period to be timely for purposes of the regulation. However, if the petitioner does not file the amended or new petition within the time permitted, the petitioner will be out of compliance with DHS regulations. The petitioner’s current Form I-129, Petition for a Nonimmigrant Worker, H-1B petition approval will be subject to a notice of intent to revoke and the employee may be found to not be maintaining his or her H-1B status. If the petitioner has received a notice of intent to revoke a petition and the response periodhas not ended, filing an amended or new petition now and providing evidence of that filing prior to the response deadline may avert a revocation. This is only if there are no other grounds for the revocation except the failure to file an amended or new petition for a change to a place of employment not covered by an existing, approved H-1B petition. If the petitioner has received a request for evidence or a notice of intent to deny a petition based on a failure to file an amended petition, USCIS may consider the current, pending petition under review to satisfy the safe harbor filing requirement if it included, at the time of filing, a copy of the certified LCA covering the beneficiary’s current work location. In these cases, please ensure petitioners provide a copy of this guidance with their response, an explanation that their current petitions satisfy the safe harbor filing requirement for an amended or new petition, and any other evidence requested before the expiration of the response deadline. As noted above, a petitioner may not amend a pending petition in response to a request for evidence or a notice of intent to deny. In the event there are material changes after the filing of a petition, the petitioner must immediately file an amended or new petition to reflect those changes." Thanks