What is simeio solutions decision?
On April 9, 2015, USCIS’ Administrative Appeals Office (AAO) issued the precedent decision, Matter of Simeio Solutions, LLC (Simeio), which held that an H-1B employer must file an amended or new H-1B petition when a new Labor Condition Application for Nonimmigrant Workers (LCA) is required due to a change in the H-1B …
What is H-1B amendment?
An H1B amendment is required when a material change occurs in the terms and conditions of H1B workers employment. The H1B employees place of employment changes to a worksite location that requires the employer to certify a new Labor Condition Application (LCA).
Can we start working after filing H-1B amendment?
When You Must File an Amended Petition Note: Once you file the amended petition, your H-1B employee can immediately begin to work at the new location. You do not have to wait for a final decision on the amended petition for your H-1B employee to start work at the new location.
What happens if H-1B amendment is not filed?
Failure to apply for an H1B visa amendment if one is necessary may compel the USCIS to take strict action against both the employer and the candidate. The repercussions could be so severe that the candidate might lose their H1 visa status and will need to be deported.
What is a material change in employment?
Material changes could include, in some circumstances, a change in worksite location, a significant change in job duties or a change in occupational classification, or a reduction in hours from full-time to part-time or a reduction in salary.
What is change in previously approved employment?
If the employee is continuing in the same job with no changes, the basis for classification will be “continuation of previously approved employment without change with the same employer.” If there has been a non-material change to the job, like a new job title without a significant change in job duties, the basis for …
How many H-1B extensions are allowed?
H-1B limit Initial admission as an H-1B can be up to three years; extensions of stay are granted in up to three-year increments. After that time, the individual must remain outside the US for an aggregate of one year before another H-1B petition can be approved.
Can we travel when H-1B amendment is in progress?
H1B Amendment is Pending Result You can travel internationally while your H1B amendment is still under process at USCIS but we recommend to NOT travel as re-entry risk is very high. You will need to get the new physical i797 approval shipped to you to re-enter the USA.
Is client change a material change?
#3 End-Client Change You move from San Francisco, CA to New Jersey for a short-term 6-month project for an end-client C2 while your H1B employer’s office stays in CA. This is a material change and you should file an H1B amendment petition before moving and starting work in New Jersey.
Can we file amendment when extension is in progress?
USCIS may approve extension while Amendment is pending. USCIS may wait for amendment decision before approving your extension. In this case, most of the time, they will issue an RFE on the extension to submit the amendment approval first. You will have to wait until amendment reaches a decision.
What happens after approval of I-129?
When USCIS approves an I-129 petition, it will issue an approval notice (Form 797, Notice of Action). Your employer states in the petition that you will be employed from April 1, 2021 through March 31, 2024. When USCIS issues the approval notice, it will state that your H-1B status is valid for those exact dates.
Can I travel with approved I-129?
However, most of the time, traveling is not allowed until the employee receives approval for the petition. International traveling can be done once the employee has received their I-129 immigration status.