Immigrantly

Immigration thoughts from an Immigration Lawyer.


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New H1B Rule: Amended petition is needed when you change your work location

on July 21, 2015, USCIS published its “Final Guidance on When to File an Amended or New H-1B Petition After Matter of Simeio Solutions, LLC.” Under this new rule, whenever a company wants to relocate its H1B worker(s) to a different metropolitan statistical area (MSA), the company must file not only a new Labor Condition Application (LCA) with the Department of Labor, but also an amended or new H1B petition with the USCIS. This new rule is based on USCIS’ Administrative Appeal Office (AAO)’s recent precedent decision, Matter of Simeio Solutions, LLC on April 9, 2015. Continue reading


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New H1B Rule: Amended petition may be needed when you change your work location

[Update] On July 21, 2015, USCIS published its final guidance regarding this issue. Check the final guidance here.

It had been the rule that whenever a H1B worker changes work location to a different metropolitan statistical area (MSA), the employer had to refile a Labor Condition Application (LCA). Now, the new rule requires that the employer not only refile a LCA with the Department of Labor, but also file an amended H1B petition with the USCIS. This new rule is based on USCIS’ Administrative Appeal Office (AAO)’s recent precedent decision, Matter of Simeio Solutions, LLC on April 9, 2015. Continue reading


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How fast can I complete an H1B transfer (change of employer)?

The common term “H1B transfer” refers to the change of employer (COE). When you are unhappy with your current employer, and have finally found a new employer, you would probably want to start working with the new employer as soon as possible. But how soon can it be? These are the steps and timelines for an H1B COE procedure. Continue reading