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dkm1368

h1 extension rfe

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Hi, I got following RFE for H1 extension. Looks like its related to missing previous h1 amendments during end client changes[In year 2014]. But not sure if the RFE is clear as amendment rules were mandated only from this year. Can someone please help.

 

RFE

Your prior petition stated the beneficiary would work in location ‘X’ for client ‘A’. However paystubs you submitted for feb, mar, apr 2015, along with beneficiary’s 2014-W2 indicate that Mr. Kumar was working in location ‘Y’ during that period. In addition, your company’s 4th quarterly statement for 2014 indicates that no employees were place in location ‘X’ for at least that quarter.

Therefore, it is requested that you submit evidence to establish the beneficiary has met the maintaining of status requirement.

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H1B amendment rules are there for a long time but due to rampant abuse it is strictly being enforced now. So, your employer has to provide evidence for RFE.

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H1 amendment was always required but they just made mandatory recently bcos of abuse by shady consulting firms.

Find another employer ASAP.

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H1 amendment was always required but they just made mandatory recently bcos of abuse by shady consulting firms.

Find another employer ASAP.

I understand H1 amendments are mandatory but rules were not clear. As per 1 statement in recent USCIS guidelines (see below), it appears to me that this will not cause any issue if we prove that we filed the amendment cum extension prior deadline USCIS gave for amendments, we do have LCA's filed for previous end-client changes. Please advise?

 

·         If your H-1B workers changed their worksite location before the Simeio Solutions decision, USCIS will not take adverse action against you or your employees if you, in good faith, relied on prior non-binding agency correspondence and did not file an amended petition due to a change in an MSA or area of intended employment by May 21, 2015. However, as noted above, you must now file an amended petition for these H-1B employees by August 19, 2015.

Source: http://www.uscis.gov/news/alerts/uscis-draft-guidance-when-file-amended-h-1b-petition-after-simeio-solutions-decision

 

Thank you.

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H1B amendment rules are there for a long time but due to rampant abuse it is strictly being enforced now. So, your employer has to provide evidence for RFE.

I agree amendment rules were there but I think they were non-binding agency correspondence. Cant we state that my employer relied on those non-binding agency correspondence and did not filed amendments. However they did files LCA's for client/location changes and also filed my recent amendment cum extension prior mandated USCIS deadline, Aug 19th. 

http://www.uscis.gov/news/alerts/uscis-draft-guidance-when-file-amended-h-1b-petition-after-simeio-solutions-decision

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I understand H1 amendments are mandatory but rules were not clear. As per 1 statement in recent USCIS guidelines (see below), it appears to me that this will not cause any issue if we prove that we filed the amendment cum extension prior deadline USCIS gave for amendments, we do have LCA's filed for previous end-client changes. Please advise?

 

·         If your H-1B workers changed their worksite location before the Simeio Solutions decision, USCIS will not take adverse action against you or your employees if you, in good faith, relied on prior non-binding agency correspondence and did not file an amended petition due to a change in an MSA or area of intended employment by May 21, 2015. However, as noted above, you must now file an amended petition for these H-1B employees by August 19, 2015.

Source: http://www.uscis.gov/news/alerts/uscis-draft-guidance-when-file-amended-h-1b-petition-after-simeio-solutions-decision

 

Thank you.

Amendment rule says that any 'material change' should be amended. Change in End client is material change,so you need H1 amendment, just LCA is not enough.

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Hello dkm 1368

 

can you share your contact information i want to  discuss regarding that i can provide you some information about this,i already discussed with murthy attoney,or you can email me at ********************@gmail.com

Edited by MurthyAdmin
Members who wish to share their contact information may do so by updating their profile with the information they wish to share.

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Hi dkm1368 or rKrishna7787 - I am in the same situation. Could you please let me know how you proceeded on this?. I also got cofused with the statement in USCIS website & didn't do the Amendment. My location change was on July2014.

As per - https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2015/2015-0721_Simeio_Solutions_Transition_Guidance_Memo_Format_7_21_15.pdf it says " Pre-Simeio changes in the place of employment requiring certification of a new LCA: If a petitioner’s H-1B employee moved to a new area of employment (not covered by an existing, approved H-1B petition) on or before the date of publication of Matter of Simeio Solutions, LLC (April 9, 2015), USCIS will generally not pursue new adverse actions (e.g., denials or revocations) solely based upon a failure to file an amended or new petition regarding that move after July 21, 2015."

I am a bit worried. Please assist. 

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