Final Guidance on H1B Amendments

[Attorney_22]

This week, the Murthy Law Firm attorneys will answer questions relating to final guidance by USCIS on H1B Amendments.     

 

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[satya9999]

Hi Attorny,

 

Please Suggest me whether i need to file my H1B Amendment or not.

 

My H1b Extension was approved on APR 2014 when i was working for client A in Los Angeles.

I moved to clinet B in San Francisco  in Novemeber 2014 and in APR 2015 i moved to client C in SFO. 

Please let me know if i need to file Amendement or not.

 

As per the  memoranda i think i fall under the "On or before April 9, 2015" category and as mentioned below i might not need to file my Amendment. Please clarify

 

The petitioner may choose to file an amended or new petition by January 15, 2016. 

Such requests to change an H-1B employee’s place of employment will be deemed timely. 

Even if the petitioner does not file the amended or new petition by this date, USCIS will generally not pursue 

new revocations or denials based upon failure to file an amended or new petition. 

 

However, notices of intent to revoke, revocations, requests for evidence, notices of intent to deny, or denials issued prior to July 21, 2015 (date of this final guidance) remain in effect and the petitioner must comply with them.If the petitioner has received a notice of intent to revoke a petition and the response period has 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. 

 

My employer confirmed with our attorney and informed me that i do not need an amendment. So just want to confirm with you as you might came across these kind of scenarios.

 

 

 

Thanks,

Sam

[satya9999]

please reply...

[rpachenge]

Hello Sir/Madam,

I got IOR notice in Feb-15 for approved petition and my employer responded to the notice but failed to file H1B amendment. In June 10 USCIS revoked my petition and my employer told me to travel back to India. In mean time employer filed for H1B amendment and MTR. My H1B amendment got approved. For MTR, USCIS still went with revoke status. My employer says, we have to file H1B next year and it comes under cap.

Can you please advice me what options left for me.

-what will be the status of approved H1B amend petition

- can I apply for new H1B through new employer without going into cap

- is this revoked petition by any chance will me trouble in future ? If Yes, how can I take care of this.

It's urgent your reply appreciated.

Thanks,

[Attorney_22]

Both of the above scenarios require an in-depth conversation with an experienced immigration attorney to ensure the legal strategy fits your unique circumstances and goals. Therefore, it is advisable to speak with a Murthy Law Firm attorney directly over the phone.  

[manoj1551]

Hi - Please let me know if H1B amendment is required in my case. 

 

I have stamped h1b visa valid till may 2017. After getting my stamping done, i changed from Client A to Client B in Feb-15 but with same employer. Till now am still working with the same client B which i joined in Feb-15. Am i required to apply for h1b amendment ? 

 

I ask this question because of updated h1b amendment rules published by USCIS on July 21st. Few say I should and few say I should not since i fall under the category before April 9. 

 

 

 

 

 

Please help

 

 

 

Thanks!

[Attorney_22]

 

Hi - Please let me know if H1B amendment is required in my case. 

 

I have stamped h1b visa valid till may 2017. After getting my stamping done, i changed from Client A to Client B in Feb-15 but with same employer. Till now am still working with the same client B which i joined in Feb-15. Am i required to apply for h1b amendment ? 

 

I ask this question because of updated h1b amendment rules published by USCIS on July 21st. Few say I should and few say I should not since i fall under the category before April 9. 

 

 

 

 

 

Please help

 

 

 

Thanks!

 

Pursuant to the guidance technically no, but there may be other considerations best discussed directly with your H1B attorney.