Yuvatha Posted May 5, 2015 Report Posted May 5, 2015 H1B Amendment Required for Most Worksite Changes April 17, 2015 On April 9, 2015, the Administrative Appeals Office (AAO) issued a precedent decision that is expected to prompt many H1B employers to change some long-held practices. The case,Matter of Simeio Solutions, LLC, addresses the issue of relocating an H1B worker to a worksite not listed in the H1B petition or labor condition application (LCA). The AAO decision ultimately means that if an employer wishes to move an H1B worker to a jobsite "…not covered by the original LCA, the petitioner [is] required to immediately notify USCIS and file an amended or new H1B petition, along with a corresponding LCA…" Facts of the Case Simeio Solutions filed an H1B petition on behalf of a foreign national who, at the time, was working pursuant to F-1 optional practical training (OPT). In the H1B petition, Simeio Solutions indicated that the worker would be employed at the company's office location in Long Beach, California, and would be exclusively providing services to a specific company client. Accordingly, the approved LCA submitted with the H1B petition was for the Los Angeles-Long Beach-Santa Ana metropolitan statistical area (MSA). The petition was approved and the beneficiary was granted a change of status to H1B. After working in the H1B position for a couple of months, the beneficiary traveled to India and applied for an H1B visa foil (i.e. 'stamp'). The consular officer was not satisfied with the evidence presented by the worker during the visa interview and the petition was eventually sent back to the U.S. Citizenship and Immigration Services (USCIS) for review. The USCIS conducted an investigation and performed a site visit, and the agency determined that, after the employee had started working in H1B status, he had been moved to various different client projects located in other MSAs. The USCIS went on to revoke the H1B petition, concluding that a new LCA and amended petition were required because "…the changes in the beneficiary's places of employment constituted a material change…" AAO Rules that H1B Amendment Needed for Most Changes in Work Location On appeal, the AAO ruled against the petitioner, noting that if the beneficiary is to be moved to a new job location that requires a new LCA (i.e. A worksite that is neither within normal commuting distance nor within the same MSA indicated on the existing LCA,) this is considered a "material change." And, when a material change occurs, an amended or new H1B petition, with corresponding LCA, is mandatory. The idea that an amended petition may be necessary based on a change in job location is hardly a new concept. As explained in H1B Amendment Requirement for Change in Job Location (07.Sep.2012), the USCIS has been moving in this direction for a number of years. However, this decision by the AAO serves to clearly make this rule the law-of-the-land. paisal tinadaniki
jaikol Posted May 5, 2015 Author Report Posted May 5, 2015 paisal tinadaniki Yes.....now its mandatory to get ur petetion amended everytime u change client location .....only LCA teestey dobbadu....if you want to abide by rules annadu attorney.
Yuvatha Posted May 5, 2015 Report Posted May 5, 2015 Yes.....now its mandatory to get ur petetion amended everytime u change client location .....only LCA teestey dobbadu....if you want to abide by rules annadu attorney. FTE chuskodame inka..ila marinapudalla cheyalante every amendment prem lone cheyyali..reg cheste adi approval oche sariki job maripotham
karna11 Posted May 5, 2015 Report Posted May 5, 2015 my current petetion last date is sep 30th mastaru....ipudu adi poyyi june varaku untada enti h1b? same naadhi same situation, naadhi ninne packet out
Yuvatha Posted May 5, 2015 Report Posted May 5, 2015 :3D_Smiles: :3D_Smiles: same naadhi same situation, naadhi ninne packet out extensions untai ga neeku
jaikol Posted May 5, 2015 Author Report Posted May 5, 2015 :3D_Smiles: :3D_Smiles: extensions untai ga neeku extensions undedi enti?
Yuvatha Posted May 5, 2015 Report Posted May 5, 2015 extensions undedi enti? adi karna ki quote ches not you...its about his proj extension
jaikol Posted May 5, 2015 Author Report Posted May 5, 2015 same naadhi same situation, naadhi ninne packet out Nuvu kuda india vellala? My packet reached CA office just now.
karna11 Posted May 5, 2015 Report Posted May 5, 2015 :3D_Smiles: :3D_Smiles: extensions untai ga neeku extension vunna letter ledhuu, Manager maradu No letters antaaaa State nundi
karna11 Posted May 5, 2015 Report Posted May 5, 2015 Nuvu kuda india vellala? My packet reached CA office just now. my packet reached Vermont anukunta
Yuvatha Posted May 5, 2015 Report Posted May 5, 2015 :3D_Smiles: :3D_Smiles: extension vunna letter ledhuu, Manager maradu No letters antaaaa State nundi
jaikol Posted May 5, 2015 Author Report Posted May 5, 2015 my packet reached Vermont anukunta Premium aa? mine is premium. I will update if I know something. You do the same bro...
Rao_Garu Posted May 5, 2015 Report Posted May 5, 2015 tondara padite itla ne untadi...ayomayam jaganaatham
jaikol Posted May 5, 2015 Author Report Posted May 5, 2015 tondara padite itla ne untadi...ayomayam jaganaatham Rey vulfa....ela unnav
Rao_Garu Posted May 5, 2015 Report Posted May 5, 2015 Rey vulfa....ela unnav baane unna ra nuvvu ela unnav?..malli Canada na stamping..
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