H1B Amendment RFE On Maintenance of Status

[sri2483]

I have applied for H1B amendment and got RFE on Maintenance of Status. I have moved to new location and started working at New Client location on May 11th 2015. But, My employer applied for LCA on Jun 4th and filed H1B amendment upon LCA Approval on Jun 19th.

 

Client and Vendors issue letters to support amendment on June 1st and stated that I have already started working on client location. Now USCIS is asking us to provide the authorization evidence to work at client location prior to June 4th. 

 

Now my employer is saying that We have time till Aug 19th to file Amendment. But, As per my knowledge 90 days time is to file amendment not LCA. Is this correct understnding and am I in good state?

 

Could you please help me on this regard?

 

 

[victor_26]

The 90 day rule is for any retroactive application of the draft gudance from USCIS before May 21st. Any changes that would trigger a H1B amendment after May 21st 2015 will need to follow the amendment process.

In your case since you started working before May21st, you should be ok. Your employer is right in that aspect.

However if there was no LCA filed before you started working at your new client location then i believe the question is more on the practices being adopted by your employer before moving you to new client location.

[victor_26]

The 90 day rule is for any retroactive application of the draft gudance from USCIS before May 21st. Any changes that would trigger a H1B amendment after May 21st 2015 will need to follow the amendment process.

In your case since you started working before May21st, you should be ok. Your employer is right in that aspect.

However if there was no LCA filed before you started working at your new client location then i believe the question is more on the practices being adopted by your employer before moving you to new client location.

 

Based on the recent final guidance from USCIS you should be ok to file an amendment before the deadline for your RFE. Please refer to the below final guidance from USCIS.

 

http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2015/2015-0721_Simeio_Solutions_Transition_Guidance_Memo_Format_7_21_15.pdf